1996 Supreme(Raj) 192

High Court Of Rajasthan
Judgename : N.L.Tibrewal,Cyan Sudha Misra
VINOD MAIHOTRA - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Cr. App. (Represented) 130 Of 1994
Decided On : 04/12/1996

Headnote:(i) SENTENCING - Capital punishment of death sentence - Justified in 'rarest of rare cases' - Mitigating circumstances - Judicial discretion - Exercise of – Ghastly murders of four close relatives Victims included appellant's wife, an infant baby of two months, father-in-law and wife's uncle - Not sufficient to bring case within meaning of 'rarest of rare cases', considering that offence committed while appellant under influence of extreme mental and emotional disturbance out of sheer frustration without pre-planning - Trial Court did not provide any opportunity either to State or appellant to lead evidence for and against awarding capital punishment- Sentence of death awarded by trial Judge converted to imprisonment for life - Reference for confirmation of death sentence declined. (Indian Penal Code, 1860 - Section 302).

       Held: If we take a note of aggravating and mitigating circumstances to prepare a balance-sheet for awarding sentence, no doubt, we find that the appellant has committed cold-blooded murder of his four close innocent and defenceless relatives, which included his own wife and infant daughter of two months. The victims might be asleep at the time of incident and it is also true that murders were committed in an extremely cruel and gruesome manner, so abhorrent so as to shake the conscience of the Court. If this had been the only situation without any mitigating factors, the extreme penalty would have been the only appropriate sentence in the case, for which we preserve no doubt or reservation. (Para 36)

       There is enough material and evidence on the record to show that the appellant was in extreme mental and emotional disturbance at the time of incident and that the murders were committed by him out of sheer frustration or for having lost his mental equilibrium. The circumstances also suggest that the appellant was passing through grave mental tension for the happenings and turmoil going on in the family and he was desperately trying to maintain relations both with his mother and brothers on the one hand arid his wife on the other hand, Inspite of great pressure from his wife and her relatives to sever connections with his mother and brothers, the appellant was not prepared for the same. The letters Exs. P. 87, P. 88, P. 89, written by the appellant's wife Smt. Kiran to her parents making complaint of unlawful dowry demands, show that a demand of Rs. one lac and a colour television: was being persistently made by the appellant's mother and his brother and the appellant was also siding them, either for his weakness or his love and affection towards his relatives. However, the appellant was not happy from the happenings going on in the family and in order to ease himself from the tension he had started taking wine. The appellant's wife seeing unusual condition of the appellant had also expressed her apprehension in the above letters that if such state of affairs continues he might not live long. Then., the writings Exs. P.38 and P.39, written by the appellant at the time or immediately after the incident, demonstrate that he was in extreme mental and emotional disturbance at the time of the incident. It appears that on the day of incident the father and uncle of his wife Smt. Kiran had put pressure on him to get his transfer and to sever all connections with his mother and brothers and was warned for dire consequences if he did not agree to their suggestion. They also expressed at that time to re-marry his wife Smt. Kiran with some one else. The appellant was also mentally upset from his wife's behaviour who, too wanted him to sever all connections with his relatives. (Para 38)

       The evidence of P.W. 4 Shri R.L. Verma, SDO Telephones, Alwar shows that the appellant is a man of good conduct and nature. Shri Verma had sufficient opportunity to assess his conduct as the appellant worked with him for a considerable period. It is also noteworthy that no evidence has been brought on record by the prosecution to prove that the appellant is a menace to the society or unlikely to be cured or that he would tend to murder others even within the prison or in the society on his release, if left alive. (Para 39)

       (ii) Indian Penal Code. 1860 Section 302 - Conviction under Brutal murder of four persons closely related to appellant - No eye witness- Relations between appellant and deceased wife were strained - Incident occurred in appellant's quarter - At time of occurrence, only appellant and four deceased were present there - Letters recovered showed, that appellant was under influence of extreme mental and emotional disturbance from talks between his wife, her father and uncle - Police in formed about four murders by the appellant on telephone - On police reaching the spot appellant opened the gate - His body and clothes were extensively smeared with blood Four dead bodies were lying in the quarter - Blood on appellant's clothes tallied with blood group of deceased - Abnormal conduct of appellant pointing towards his guilt False plea of alibi - Guilt of appellant proved beyond any manner of doubt - Conviction u/s 302 I.P.C. legally sustainable. (Para 27)

       (iii) Evidence - Circumstantial evidence - Nature, character and essential proof required in a criminal case which rests on circumstantial evidence. (Para 8)

       (iv) Evidence - Evidence of police persons - Admissibility of. (Para 13)

       (v) Evidence Act. 1872 Sections 24,25 - Confession In formations conveyed to police on telephone- Admissibility. (Paras 15 & 17)

       (vi) Evidence - False explanation of accused - Can be used as additional link when; (Para 26)

       Result: Appeals partly allowed.