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2003(1) Crimes 180 (SC)
Supreme Court of India
(From Uttaranchal High Court)
S. Rajendra Babu and P. Venkatarama Reddi, JJ.
Om Prakash @ Raja —Appellant
versus
State of Uttaranchal —Respondent
Criminal Appeal No. 824 of 2002
Decided on 5-12-2002
For the Appellant :Dr. Shyamlha Pappu, Sr. Advocate (A.C.), Shakeel Ahmed, Advocate (A.C.), Anil Goel and R. Krishnamorthi, Advocates.
For the Respondent:A.S. Rawat and Jatinder Kumar Bhatia, Advocates.
Very important point
The accused who murdered three members of the family and attempted to murder another with determination to kill all to take revenge in a ghastly cruel manner is a menace to the society. There are no mitigating circumstance in his favour to interfere with the death sentence imposed on him by Courts below.
Headnote:(i) Indian Penal Code, 1860—Sections 302 and 307—Murder and attempt to murder—Appellant convicted for triple murder and attempt to murder—He murdered sleeping son of retired brigadier, the retired brigadier and his sister-in-law and attempted to murder wife of retired brigadier with chilli powder, sword and stone—Photographs, evidence of PW 1 (the injured wife) of PW 4 Jamadar and medical evidence proving the crime—Corroborated by subsequent absconding—Motive being dismissal from service for frustrated robbery and unreliable conduct—Whether insufficiency of motive and young age of the accused affect his conviction under Section 302 IPC? (No) (see paras 7 to 12).
(ii) Death sentence for murder of three members of the family of his master by domestic servant and attempt to murder wife of his master—Courts below awarding death sentence treating it as “rare of the rarest cases”—Appeal to Supreme Court—Whether death penalty needs any interference? (No)—Appeal dismissed—1994(6) SCC 197 (relied on).
Held : In view of the foregoing discussion, we affirm the conviction of the appellant-accused under Section 302 IPC. The question then is about the sentence. The trial court as well as the High Court categorized it as 'rarest of the rare cases' which warranted the death sentence. After giving our anxious consideration, we are in agreement with the High Court that the sentence of death is the appropriate and proper sentence in this case. As rightly observed by the High Court, the crime had been cleverly pre-planned and committed in a brutal and diabolical manner. Three out of the four inmates of the house in which he was employed, were eliminated. There was an attempt to kill the fourth person (PW-1) also. The accused had inflicted injuries on the young Sarit Khanna in such a cruel manner that his neck was practically severed from his body. Multiple injuries were inflicted on the vital parts of other victims. The cruel tendency of the appellant was writ large even in the manner of attack. His antecedents also reveal a cruel and savage behaviour on his part. The evidence on record reveals that he killed a pet bird and pierced feathers inside the nose of the hen. He was determined to kill all the members of the Khanna family to take revenge on a flimsy ground. Alternatively, he stooped to the ghastly crime in order to take away the valuables in the house. His conduct and behaviour is repulsive to the collective conscience of the society. It is fairly clear that he does not value the lives of others in the least. The crime committed by the appellant shocks the conscience of the society at large and of the Court and the facts and circumstances unfolded in the case leave the Court with an irresistible feeling that he is beyond reformation though young he is. As held in Amrutlal Someshwar Joshi vs. State of Maharashtra (1994 (6) SCC 197), mere young age of the accused is not a ground to desist from imposing death penalty, if it is otherwise warranted. Moreover, in the present case, none is dependant on the appellant. There are no mitigating circumstances in his favour. The accused is a menace to the society and it seems to us that the death sentence is the most appropriate punishment in this case. On facts, the case on hand is closest to Amrutlal Someshwar's case (supra) where the death sentence was upheld. Accordingly, the sentence of death is confirmed. The appeal is dismissed. (Para 14)
Judgment
P. Venkatarama Reddi, J.—The appellant-accused was working as a domestic servant in the house of retired Brigadier Shyam Lal Khanna. According to the findings of the Sessions court and the High Court, the accused put an end to the life of three members of the family including Mr. Khanna and endeavoured to kill the informant Mrs. Khanna. The ghastly incident occurred in the morning hours of 15.11.1994 in Vasant Vihar area of Dehradun. The appellant was charged under Sections 302 and 307 IPC. Another person by named Nitish with whose sister the appellant had illicit intimacy was also charged under Section 120 B IPC. The learned additional Sessions Judge, Dehradun, convicted the accused-appellant under Sections 302 and 307 IPC. For committing the offence of murder, death sentence was imposed. Under Section 307 IPC, he was sentenced to undergo R.I. for 7 years. The other accused was acquitted of the charge. The Sessions Judge made a reference under Section 366 Cr.P.C. for confirmation of death sentence. The appellant also preferred an appeal from jail. The High Court dismissed the appeal preferred by the accused-appellant and confirmed the death sentence and other sentences passed against him for the offences under Sections 302 and 307 IPC. It is against this judgment of the High Court dated 19.9.2001, the present appeal has been preferred by the accused through jail authorities.
2. One of the victims - a retired Brigadier working with ONGC at Dehradun was living in his house with his wife Rama Khanna - the informant, and his son Sarit Khanna who had returned from U.K. after completing his studies two weeks earlier. The sister of the informant by name Bishna Mathur was also staying in the house at the relevant time. The appellant was engaged as servant at their house about six months earlier. According to the prosecution, the day before the incident, it was decided to terminate his services on account of his objectionable behaviour and he was informed of their decision. A day later, he indulged in the ghastly attack against the entire family. The crucial evidence on behalf of the prosecution is that of PW 1 Smt. Rama Khanna who gave the first information report to the police soon after the occurrence. The prosecution case as unfolded by her deposition is this :
3. The accused was residing in the servant's quarter, he having been employed about six months prior to the incident. There were instances in which the accused proved to be unreliable. He had stolen money from the purse of her husband once when she and her husband went to outstation. He killed her pet sparrow and also put feathers inside the nose of her hen. She and her husband discussed about the conduct and mentality of the accused and decided to dispense with his service from 1st December. 1994. To this effect her husband informed the accused. On 14.11.1994, the accused served bed tea at about 8 A.M. to her, her husband and her sister. At that time her son was sleeping in the bed room. After the bed tea, her husband left the house for a morning walk as usual. PW 1 and her sister went into the bath rooms adjacent to each other. When she wanted to come out of the bath room, PW 1 found it was bolted from outside. From the window of the bath room. she communicated to her sister to open the bolt. As her sister just came out of the bath room, PW 1 heard her cries for about five minutes and then there was pin drop silence. At this PW 1 became suspicious that some untoward incident had happened. Then, the accused himself opened the bath room door in which PW 1 was confined; but, before fully opening the door and confronting the accused, she noticed that the accused was holding chilly powder in one hand and sword in another. The sword happened to be of her husband. As soon as the door was opened, the accused threw chilly powder on her and attacked with the sword. The sword luckily hit the golden bangle which she was wearing as a result of which her left wrist was fractu
