The court ruled that to impose a death sentence, the prosecution must conclusively demonstrate exceptional circumstances warranting such a penalty, which was not established in this case.

1. Reference for confirmation of death sentence submitted by 2nd Additional Sessions Judge, Baloda Bazar, Sessions Division Raipur in Criminal Reference No. 1/2009 and Criminal Appeal No. 75/2009 filed on behalf of the appellant Vinod Kumar against the judgment of conviction and order of imposing death sentence dated 6-1-2009 in S.T. No. 22/2007 arising out of common judgment are being disposed of by this common judgment.

2. The 2nd Additional Sessions Judge, Baloda Bazar, Sessions Division Raipur (C.G.) has submitted reference under S.366 of the Code of Criminal Procedure (for short "the Code") for confirmation of death sentence passed in Sessions Trial No. 22/2007 upon the appellant for commission of culpable homicide amounting to murder of his wife - deceased Minakshi alias Banti punishable under S.302 of the IPC.

3. The appellant - Vinod Kumar has also preferred an appeal (Criminal Appeal No. 75/2009) against the aforesaid judgment of conviction and order of sentence on the ground that without the clinching and credible evidence and in absence of rarest of rare case for imposing the capital punishment, the Court below has convicted the appellant and awarded capital punishment and thereby committed an illegality.

4. Brief facts of the prosecution is that prior to commission of the present offence, the appellant was convicted under S.304 - B of the IPC and has been sentenced to rigorous imprisonment for 7 years. His sentence was suspended by the High Court of Chhattisgarh and he was released on bail, during the pendency of the appeal. On fateful day i.e. 21-9-2007 the deceased Smt. Minakshi alias Banti, wife of the appellant was present in her house at village Bhumia, Police Station Simga, District Raipur along with her mother P.W. 1 Godawari Bai and younger sister Varsha. They were watching Television. At about 11.30 p.m. at night the deceased Smt. Minakshi told her mother P.W. 1 Godawari Bai that her son - in - law namely Vinod Kumar (the appellant) has come, at that time the appellant Vinod Kumar came to the house. Thereafter, the appellant Vinod Kumar and deceased Minakshi along with her two years minor child went inside the room. After closing the door, P.W. 1 Godawari Bai also went for sleeping. On 22-9-2007 at about 5.00 a.m. she along with her daughter Varsha after completing her necessary house works went to tea shop for opening the shop. She sent her neighbour Manoj for purchasing sugar. Her daughter Varsha came to her and told that her sister Smt. Minakshi (since deceased) was lying over the cot with injury over her neck and blood was oozing from the injury. Then she went to the house and saw the dead body of Minakshi, which was lying on the cot. Cut injury was found over the neck, another injury was found over the head. Blood was oozing from the injuries. P.W. 1 Godawari Bai started weeping. Neighbours, Sarpanch and Kotwar came. The appellant was suspecting his wife and committed the murder of the deceased and fled from the house. P.W. 1 Godawari Bai went to the police station and lodged vide FIR Ex. P1 and merg intimation vide Ex. P.2. The investigating officer left for scene of occurrence. After summoning the witnesses vide Ex. P.4, inquest over the dead body of deceased Minakshi was prepared vide Ex. P.5. Two bed sheets, one blanket and one pillow cover stained with blood were recovered from the spot vide Ex. P.6. Bloodstained tea shirt worn by the minor