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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
State of Jharkhand – Appellant
Versus
Gango Das, S/o Late Chhotan Das – Respondent
| Table of Content |
|---|
| 1. the role of mitigating and aggravating factors. (Para 1 , 15) |
| 2. details of the violence leading to deaths. (Para 2 , 3) |
| 3. witness testimonies corroborate prosecution case. (Para 4 , 5) |
| 4. arguments presented by both parties regarding guilt. (Para 6 , 7) |
| 5. court analysis of evidence and its implications. (Para 8 , 9 , 10) |
| 6. justification of death penalty in this case. (Para 11 , 12 , 16) |
| 7. rationale for upholding the death penalty despite mitigating factors. (Para 13 , 14) |
| 8. final judgment confirming death sentence. (Para 17 , 18 , 19) |
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Atanu Banerjee, learned counsel for the convict- appellant and Mr. Vishwanath Roy, learned Special P.P. for the State.
2. This appeal is directed against the judgment and order of conviction and sentence dated 07.10.2024 (sentence passed on 08.10.2024) passed by Sri Rakesh Chandra, learned Additional Sessions Judge-III, Koderma in S.T. No. 31/2020 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 IPC and has been sentenced to death along with a fine of Rs. 10,000./-
3. The prosecution case arises out of the written report of Madan Das, i
The court upheld the death penalty for the appellant, emphasizing the severity of the crime that eliminated his family members in a brutal act.
The extreme brutality and meticulous planning in committing murder, sexual assault, and robbery justify the death penalty, confirming the case as one of the 'rarest of rare' as per prevailing legal s....
Circumstantial evidence can be sufficient for conviction in absence of eyewitnesses; mitigating factors can influence sentencing, leading to commutation of death penalty to life imprisonment.
The court reaffirmed that circumstantial evidence can substantiate a conviction for murder and assault, while also allowing for the consideration of mitigating factors that may influence sentencing o....
Circumstantial evidence can support conviction despite the absence of eyewitnesses; the death penalty may be commuted based on mitigating factors including youth and possibility of reform.
The court emphasized evaluating the quality of evidence, especially from a sole eyewitness, deferring the death sentence due to mitigating factors.
The court established that circumstantial evidence and motive for honour killing justified the conviction for murder, while mitigating factors led to the commutation of the death penalty to life impr....
Offence of Murder – Death Sentence Confirmed - Imposition of death sentence in ‘rarest of rare’ cases - Instant case falls in category of 'rarest of rare case', warranting capital punishment. Hence d....
The court ruled that the death penalty should only be imposed in rarest of rare cases and emphasized balancing mitigating circumstances against the nature of the crime.
Point of law: Convict/appellant is a menace to the society and there is no chance of his rehabilitation or reformation and no leniency in imposing punishment is called for.
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