Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 74

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ramesh Sinha, Vivek Varma, JJ.
State of U.P. - Appellant
Vs.
Krishna Murari alias Murli and others – Respondent
CAPITAL SENTENCE No. - 1 of 2000, 14, 25, 26, 27, 28 of 2000
Decided On : 22-02-2022

Advocates:
Advocate Appeared:
For the Appellant : From Addl.Session Judge,G.A., Shitla Prasad Tripathi, Shiv Ganesh Singh, Umesh Pratap Singh
For the Respondent: G.A., Anuj Pandey, I.D.Shukla, S.K.Merotra

Point of Law - Court has made an attempt to cull out certain aggravating and mitigating circumstances and it has been held that it was only in ‘rarest of rare’ cases, when collective conscience of the community is so shocked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty.

Headnote:
Code of Criminal Procedure, 1973 - Section 157, 174, 161, 313, 366 (1) – Indian Penal Code, 1860 - 147, 148, 149, 302, 120B – Constitution of India, 1950 – Article 19 - Offence of Murder – Criminal Conspiracy - six accused persons were tried by X Additional District & Sessions Judge, arising out of Case Crime under Sections 148, 302, 120B I.P.C - Aggrieved by aforesaid judgment and order of their conviction and sentence, four accused persons, have preferred, in this Court, four separate criminal appeal, respectively, from jail and Criminal Appeal through their counsels, whereas informant/revisionist Rama Kant Verma has filed Criminal Revision against judgment and order of acquittal - Whether case falls under category of "rarest of rare case - Whether imposition of death penalty, which is an exception, would be only appropriate and meaningful sentence - Whether imprisonment for life, which is rule, would not be adequate and would not meet ends of justice.
Findings of the Court - Court has drawn a conclusion that appellants had committed offence of murder of deceased with pre-determined mind and pre-planned manner, hence same comes in category of 'rarest of rare cases' - awarding extreme penalty of death are that murder was pre-meditated and pre-planned one, therefore, imposition of lesser sentence than that of death sentence, would not be adequate and appropriate. In these circumstances, trial Court held that balance-sheet of aggravating and mitigating circumstances was heavily weighed against appellants making it rarest of rare cases and consequently awarded death sentence.
Result - Appeals partly allowed.

JUDGMENT :

Vivek Varma, J.

(The judgment is pronounced in terms of Chapter VII Subrule (2) of Rule (1) of the Allahabad High Court Rules, 1952 by Hon’ble Ramesh Sinha, J.)

(Per Ramesh Sinha, J. for the Bench)

(A) INTRODUCTION

(1) The six accused persons, namely, Krishna Murari Verma alias Murli, Kashi Ram Verma, Raghav Ram Verma, Ram Milan Verma, Ram Kripal Verma and Ram Tilak Verma, were tried by the X Additional District & Sessions Judge, Faizabad in Sessions Trial No. 85 of 1995 : State Vs. Krishna Murari and others, arising out of Case Crime No. 156 of 1994, under Sections 148, 302, 120B I.P.C., Police Station Tarun, District Faizabad.

(2) Vide judgment and order dated 21.12.1999, X Additional District & Sessions Judge, Faizabad, while acquitting accused Ram Tilak Verma and Ram Kripal Verma of the charge of offence punishable under Section 120-B I.P.C, convicted and sentenced other accused persons, namely, Krishna Murari Verma alias Murli, Kashi Ram Verma, Raghav Ram Verma and Ram Milan Verma in the manner as stated hereinbelow :-

“(i) Under Section 302 I.P.C. read with Section 149 I.P.C. to be hanged separately till they are dead ; and

(ii) Under Section 148 I.P.C. to undergo imprisonment for one year R.I.”

(3) Aggrieved by the aforesaid judgment and order of their conviction and sentence, four accused persons, namely, Krishna Murari Verma alias Murli, Kashi Ram Verma, Raghav Ram Verma and Ram Milan Verma, have preferred, in this Court, four separate criminal appeals, bearing Nos. 25 of 2000, 26 of 2000, 27 of 2000 and 28 of 2000, respectively, from jail and Criminal Appeal No. 14 of 2000 through their counsels, whereas informant/revisionist Rama Kant Verma has filed Criminal Revision No. 14 of 2000 against the judgment and order dated 21.12.1999 of acquittal of Ram Kripal Verma and Ram Tilak Verma.

(4) Capital Sentence Reference No. 1 of 2000 arises out of the Reference made by the learned trial Court under Section 366 (1) of the Code of Criminal Procedure, 1973 to this Court for confirmation of the death sentence of four convicts/appellants Krishna Murari Verma alias Murli, Kashi Ram Verma , Raghav Ram Verma and Ram Milan Verma.

(5) Since the above-captioned capital sentence reference, appeals and revision arise out of a common factual matrix and impugned judgment dated 21.12.1999, we are disposing them of by this judgment.

(6) It is pertinent to mention here that vide judgment and order dated 21.12.2000, a Co-ordinate Bench of this Court, while dismissing the criminal revision no. 14 of 2000 preferred by the informant Rama Kant Verma and rejecting the Reference, allowed the above-mentioned criminal appeals preferred by convicts/appellants.

(7) Feeling aggrieved by the aforesaid judgment and order dated 21.12.2000, informant Rama Kant Verma and the State had preferred Criminal Appeal Nos. 934-939 of 2001 : Rama Kant Verma Vs. State of U.P. and others and Criminal Appeal Nos. 1202-1206 of 2001, respectively, before the Hon’ble Supreme Court and the Hon’ble Supreme Court, vide judgment and order dated 02.12.2008, allowed the aforesaid criminal appeals and remitted the matter to the High Court for hearing the cases afresh and dispose them of in accordance with law.

(B) FACTS

(8) In the intervening night of 10/11.11.1994, at about 02:30 a.m., informant Rama Kant Verma and his cousin Girish Chandra Verma son of Ram Naresh Verma were sleeping in the room of the Tube-well by closing the door of it. His grand-father Shri Sukai Verma son of Pachu and his uncle Shri Ram Naresh Verma son of Sri Sukai Verma were sleeping under the Chhappar (thatch) near the tube-well and his another uncle Shri Ram Dev Verma son of Shri Sukai Verma was sleeping under the southern Chhappar (thatch). His younger brother Uma Kant Verma (P.W.2) was sleeping inside the Saria for looking after the cattle.

His grand-father (Sukai Verma) and his uncle (Ram Naresh Verma) raised alarm and asked for help, then, he (Rama Kant Verma) and his cousin (Girish Chandra Verma) ca