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 standards.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Chandrajit Mukherjee, learned counsel for the appellant and Mr. Vineet Kr. Vashishtha, learned Spl. P.P assisted by Mr. Sanjay Kr. Srivastava, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 01.04.2023 (sentence passed on 6.04.2023 passed by Sri Rajendra Kumar Sinha, learned Special Judge, FTC (CAW) East Singhbhum, Jamshedpur, in S.T. No. 167/2021 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 , 376(1), 307, 201 and 379 IPC and has been sentenced to undergo rigorous imprisonment for ten years for the conviction under Section 307 IPC, imprisonment for five years for the conviction under Section 201 IPC, rigorous imprisonment for three years for the conviction under Section 379 IPC, rigorous imprisonment for life along with a fine of Rs. 50,000/- for the offence under Section 376(1) IPC and in default of payment of fine to undergo simple imprisonment for one year and the appellant has further been sentenced to death and a fine of Rs. 10,000/- for the offence under Section 302 IPC and in default of payment of fine to undergo simple imprisonment for one year.

3. The prosecution case arises out of the written report of Anand Kumar Sahu dated 13.04.2021 in which it has been alleged that on 12.04.2021 at 3:50PM, a call came from Roshan Kumar in the mobile of the wife of the informant, Jai Shree Sahu, in which it was disclosed that Deepak Kumar (appellant) had made a murderous assault upon Roshan Kumar and his brother- in-law Ankit and both are being treated at T.M.H. At this, the informant and his wife went to T.M.H., where they saw Roshan Kumar and Ankit Kumar in a seriously injured condition and on being asked, Roshan Kumar had stated that Deepak Kumar had invited them for lunch at his place of stay at Quarter No.- 11, Tista Road, Kadma and as soon as they entered the house, Deepak Kumar had committed assault upon them. The informant thereafter, had gone to the residence of Deepak Kumar where he found the house locked and the fans, lights and air conditioners in all the rooms were running. In the meantime, the family members of the teacher of the niece of the informant had also come searching for her as she had not returned to her home. This created a suspicion in the mind of the informant and he had immediately gathered the neighbors and had also called a locksmith and after breaking open the lock, he and the others went inside and saw in one room on bed, the dead bodies of the nieces of the informant Sanvi and Shrawani lying in a pool of blood and in the adjacent room, the dead body of the sister of the informant was lying. The scooty of the tuition teacher was found in the said room. When they started searching the other room, they found the lifeless body of the tuition teacher inside a box bed. It was presumed that Deepak Kumar, by hatching a conspiracy, had committed all the murders. On further enquiry, it came to light that Deepak Kumar had absconded by taking away all the jewelry. Based on the aforesaid allegations, Kadma P.S. Case No.67/2021 was instituted for the offences punishable under Section 326, 307, 302, 201, 379 IPC. On completion of investigation, charge sheet was submitted under Section 326, 307, 302, 376, 201, 379 IPC and after cognizance was taken, the case was committed to the Court of Sessions where it was registered as S.T. No. 167/2021. Charge was framed against the accused under Section 302 , 376(1), 201, 307, 326 and 379 IPC which was read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many