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PATNA HIGH COURT
P.K.Deb and A.K.Prasad JJ.
Manik Mukherjee
Versus
State Of Bihar
Death Reference No. 2 of 1999 ;
Decided On : APRIL 4, 2000
CRIMINAL APPEAL - SECTION 302 OF THE INDIAN PENAL CODE - MURDER - CIRCUMSTANTIAL EVIDENCE - CHAIN OF CIRCUMSTANCES - MOTIVE - MENTAL CONDITION - CONDUCT AND BEHAVIOUR - SENTENCE - CAPITAL PUNISHMENT - RAREST OF RARE CASE - CONVERSION TO RIGOROUS IMPRISONMENT FOR LIFE.
Fact of the Case:
The appellant, a practicing lawyer, was convicted and sentenced to death for the murder of his wife and two children. The prosecution's case was based on circumstantial evidence, including the appellant's presence at the scene of the crime, his possession of the keys to the locked house, the discovery of four steel glasses containing aluminium phosphide near the bodies, and the appellant's subsequent flight from Jamshedpur. The appellant denied his involvement in the crime and claimed that he had no knowledge of what had happened to his family.
Finding of the Court:
The court found that the circumstances proved by the prosecution were sufficient to establish the appellant's guilt beyond a reasonable doubt. The court also found that the appellant had a motive for the crime, as he was disturbed by an incident at the marriage ceremony of his senior colleague. However, the court held that the case did not fall within the purview of the rarest of rare cases for imposing capital punishment, as the appellant was of weak built mentality and had a fear psychosis. The court therefore converted the death sentence to rigorous imprisonment for life.
Issues: 1. Whether the circumstances proved by the prosecution were sufficient to establish the appellant's guilt beyond a reasonable doubt. 2. Whether the appellant had a motive for the crime. 3. Whether the case fell within the purview of the rarest of rare cases for imposing capital punishment.
Ratio Decidendi: 1. The court held that the circumstances proved by the prosecution, including the appellant's presence at the scene of the crime, his possession of the keys to the locked house, the discovery of four steel glasses containing aluminium phosphide near the bodies, and the appellant's subsequent flight from Jamshedpur, were sufficient to establish the appellant's guilt beyond a reasonable doubt. 2. The court also found that the appellant had a motive for the crime, as he was disturbed by an incident at the marriage ceremony of his senior colleague. 3. However, the court held that the case did not fall within the purview of the rarest of rare cases for imposing capital punishment, as the appellant was of weak built mentality and had a fear psychosis.
Final Decision: The court answered the death reference by modifying the capital punishment into that of rigorous imprisonment for life and dismissed the criminal appeal with modification in the sentence aforesaid.
PRASUN KUMAR DEB, J.
1. The above-mentioned death reference arises out of the judgment of conviction and sentence of capital punishment awarded by the 1st Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 340/141 of 1998-98. Against the same judgment of conviction and sentence, the above-mentioned criminal appeal has been preferred by the convict appellant-Manik Mukherjee, a local Lawyer of Jamshedpur. The convict Manik Mukherjee stood trial for the charge under S. 302 of the Indian Penal Code along with the co-accused-Ashwani Kumar Panda being charged under S. 115 read with S. 302 of the Indian Penal Code. On trial Manik Mukherjee was found guilty of the charge under S. 302 of the Indian Penal Code for intentionally committing the murder of his wife Swapna Mukherjee, son Jyotirmoy Mukherjee and daughter Indrani Mukherjee alias Rinku and considering the dreadedness and gruesome murder, capital punishment has been awarded as sentence to convict Manik Mukherjee, but the co-accused-Ashwani Kumar Panda was acquitted on benefit of doubt as the charge of abetment against him could not be proved by any cogent and reliable evidence.
2. The prosecution case in brief is that convict Manik Mukherjee was a practising lawyer at Jamshedpur Civil court residing in a house constructed by him at Sankosai Road No. 1 within Mango Police Station(Olidih Out Post) in the town of Jamshedpur in the district of East Singhbhum. He had his native home at Mouza Govarghusi under Patamda Police Station within the same district at some distance from Jamshedpur Town wherein his other brothers were residing along with uncle and others, but the accused-convict Manik Mukherjee constructed the house, as mentioned above, at Mohalla Sankosai, Road No. 1 and was living with his family consisting of his wife and two children, namely, one daughter and a son and he was originally a Junior Advocate of a criminal lawyer Sri Ranjit Sarkar.
3. XXXXX
4. The allegation against the convict accused-Manik Mukherjee is that in the night between 1st and 2nd October, 1997, he got his wife and two children poisoned by making them Aluminium Phosphite to drink and when they became unconscious, then he brutally cut them on their necks by means a Deb and the heads of all the three had been severed from the bodies and then he got the house locked from outside and also grill of the Verandah locked from outside and then left Jamshedpur. Two days after he could be traced out when he either attempted to commit suicide or due to accident had fallen into the river Hoogly while crossing the river through Ferry Boat but he was rescued by the Khalasi and others of that Ferry Boat and he was hospitalised at Howrah General Hospital. The bag belonging to the convict accused-Manik Mukherjee was also found floating in the river Hoogly which was also recovered by the persons who had rescued Manik Mukherjee from the river bed and then the same was deposited at North Port Police Station in Calcutta. After being released from the Hospital, Manik Mukherjee went to North Port Police Station demanding his articles which included cash of Rs. 9,000.00 and odd, two bunches of keys, two numbers of blankets, one dhoti, one gamchha and one puja aasan. The Police Officers of North Port Police Station had suspicion as by that time they could also know that an Advocate after killing his wife and children at Jamshedpur had fled away by reading in newspaper. Then they kept the accused-convict-Manik Mukherjee at the police station itself in North Port in Calcutta and then contacted Mango Police Station at Jamshedpur. The Investigating Officer along with others on receipt of information went to North-Port Police Station at Calcutta and there the accused-appellant-Manik Mukherjee along with his articles which were lying in the Malkhana of North Port Police Station had been made over to the investigating agency of this case.
5. xxxxx 6 Manik Mukherjee was arrested and then produced in the Court. The in
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