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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mohammad Rafiq, Goverdhan Bardhar, JJ.
State of Rajasthan - Appellant
Vs.
Kapil @ Anna Koli - Respondent
Criminal Death Reference No. 1 of 2017 with Criminal Appeal Nos. 2256, 2257 of 2017 & 13 of 2018
Decided On : 07-03-2018
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – 3(1)(xii), 3 (2) (v) – Indian Penal Code Indian Penal Code,1860 – Section 302 read with Section 34 – Arms Act 3/25 – Criminal Procedure code,1973 – Section 366,397, 460 – Appeal against conviction – State of Rajasthan also filed Criminal Appeal No. 13/2018 against part of judgment whereby trial court while awarding death sentence not imposed any fine and sentence in default thereof, upon accused – Held, Act of accused extreme culpability regard to nature of those circumstances – When we draw a balance sheet of all aggravating circumstances against mitigating circumstances of this case, we rather feel more inclined to award sentence of life imprisonment than death penalty – Regards appeal filed by State of Rajasthan questioning non-imposition of fine while awarding death penalty by trial court, since we decided to convert death penalty to life imprisonment, deem appropriate to also impose fine on accused – Partly allow Criminal Appeal Nos. 2256/2017 and 2257/2017 – All Conviction against accused allowed – Appeal allowed – [Para 34,35 &36]
Facts of the case:
Appeal against conviction and sentences – State of Rajasthan also filed Criminal Appeal No. 13/2018 against part of judgment whereby trial court while awarding death sentence not imposed any fine and sentence in default thereof, upon accused-appellants
Findings of the court:
Act of accused extreme culpability regard to nature of those circumstances – When we draw a balance sheet of all aggravating circumstances against mitigating circumstances of this case, we rather feel more inclined to award sentence of life imprisonment than death penalty – Regards appeal filed by State of Rajasthan questioning non-imposition of fine while awarding death penalty by trial court, since we decided to convert death penalty to life imprisonment, deem appropriate to also impose fine on accused
Result: Appeal allowed
Mohammad Rafiq, J.
This judgment will answer the reference received from the Court of Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Kota (Rajasthan) (hereinafter referred to as 'the trial court') under Section 366 of the Code of Criminal Procedure (for short 'Cr.P.C.') for confirmation of death sentence awarded by the trial court vide it's judgment and order dated 07.11.2017 to accused Kapil @ Anna; Imran @ Delhi Wala and Teepu @ Teepu Sultan @ Abid Ali consequent upon their conviction for offence under Section 302 read with Section 34 of Indian Penal Code (for short 'IPC'). Besides, accused-appellants Kapil @ Anna; Imran @ Delhi Wala and Teepu @ Teepu Sultan @ Abid Ali were also convicted for various offences and sentenced in the manner indicated below:-
Name of Accused-appellant Section Sentence
Kapil @ Anna 302 r/w 34 IPC Death sentence.
376 (2) (g) IPC Ten years' rigorous imprisonment with fine of Rs. 20,000/-, in default of payment of fine, three months' additional imprisonment.
397 IPC Seven years' rigorous imprisonment.
460 IPC Ten years' rigorous imprisonment with fine of Rs. 20,000/-, in default of payment of fine, three months' additional imprisonment.
3/25 Arms Act Three years' simple imprisonment with fine of Rs. 10,000/-, in default of payment of fine, two months' additional imprisonment.
Imran @ Delhi Wala 302 r/w 34 IPC Death sentence.
376 (2) (g) IPC Ten years' rigorous imprisonment with fine of Rs. 20,000/-, in default of payment of fine, three months' additional imprisonment.
397 IPC Seven years' rigorous imprisonment.
460 IPC Ten years' rigorous imprisonment with fine of Rs. 20,000/-, in default of payment of fine, three months' additional imprisonment.
3/25 Arms Act Three years' simple imprisonment with fine of Rs. 10,000/-, in default of payment of fine, two months' additional imprisonment.
3(1)(xii) SC/ST (POA) Act Three years' simple imprisonment with fine of Rs. 5,000/-, in default of payment of fine, one month's additional imprisonment.
3 (2) (v) SC/ST (POA) Act Life imprisonment with fine of Rs. 20,000/-, in default of payment of fine, three months' additional imprisonment.
Teepu @ Teepu Sultan @ Abid Ali 302 r/w 34 IPC Death sentence.
376 (2) (g) IPC Ten years' rigorous imprisonment with fine of Rs. 20,000/-, in default of payment of fine, three months' additional imprisonment.
397 IPC Seven years' rigorous imprisonment.
460 IPC Ten years' rigorous imprisonment with fine of Rs. 20,000/-, in default of payment of fine, three months' additional imprisonment.
3/25 Arms Act Three years' simple imprisonment with fine of Rs. 10,000/-, in default of payment of fine, two months' additional imprisonment.
3(1)(xii) SC/ST (POA) Act Three years' simple imprisonment with fine of Rs. 5,000/-, in default of payment of fine, one month's additional imprisonment.
3 (2) (v) SC/ST (POA) Act Life imprisonment with fine of Rs. 20,000/-, in default of payment of fine, three months' additional imprisonment.
2. Abovenamed accused Kapil @ Anna; Imran @ Delhi Wala and Teepu @ Teepu Sultan @ Abid Ali have also filed Criminal Appeal Nos. 2257/2017 and 2256/2017 respectively challenging their conviction and sentences indicated above. State of Rajasthan has also filed Criminal Appeal No. 13/2018 against that part of the impugned judgment whereby the trial court while awarding death sentence has not imposed any fine and sentence in default thereof, upon the accused-appellants.
3. The facts essential for answering the reference and deciding above appeals are that a telephonic information was received from one Sunil Koli in the Police Station Udyog Nagar, Kota City at 3.25 P.M. on 06.12.2012 that a woman and a boy have been murdered in a house of Shiva Colony, Bajrang Nagar, Near Daknia Stand. Thereupon, S.H.O. of that Police Station reached the place of occurrence where he met Mukesh Kumar Koli, who submitted a written report to him that he was residing with his family near cremation ground at
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