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2000 Supreme(SC) 1462

K.T.THOMAS, R.P.SETHI
Narayan Chetanram Chaudhary – Appellant
Versus
State Of Maharashtra – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The applicability of Sections 306 and 307 of the Cr.P.C. depends on the stage of the case, with Section 306 applicable before the order of commitment and Section 307 after commitment but before judgment. The procedures for recording the statement of an approver are different under each section, and the law does not require recording the approver’s statement twice or in a particular sequence (!) (!) .

  2. There is no legal obligation on the court or right in favor of the accused to insist on compliance with Section 306(4) of the Cr.P.C. when tendering pardon, and no specific time limit exists for recording the approver’s statement. Delay alone does not render the testimony of an accomplice inadmissible, but it may be considered as a cautionary factor in assessing credibility (!) (!) (!) (!) .

  3. The evidence of an approver or accomplice is competent but requires corroboration in material particulars to be considered reliable. Corroboration can be in the form of independent, reliable circumstantial evidence and does not necessarily have to be ocular testimony. The nature and extent of corroboration depend on the facts of each case (!) (!) (!) .

  4. Minor discrepancies or omissions in the statement of an approver, which do not amount to contradictions in material particulars, do not necessarily discredit the witness or invalidate the evidence. The court must distinguish between minor discrepancies and material contradictions, and the latter can be used to discredit the testimony (!) (!) (!) (!) .

  5. The court emphasizes that the credibility of an approver’s testimony must be assessed holistically, considering corroborative evidence and the overall reliability of the statement. Even with some inconsistencies, if the evidence is otherwise trustworthy and corroborated, it can form a basis for conviction (!) (!) (!) .

  6. The case involved a detailed analysis of the conduct and acts of the accused, including premeditation, brutal execution, and conspiracy to commit murder and robbery. The evidence demonstrated that the crimes were committed in a calculated, heinous, and brutal manner, which justified the imposition of the maximum penalty, including death, considering the exceptional and depraved nature of the offense (!) (!) (!) (!) .

  7. The court acknowledged the young age of the appellants but found that the brutality, planning, and depravity of the crimes outweighed mitigating factors. The judgment concluded that this was a rarest of the rare case warranting the highest penalty under the law to serve as a deterrent and uphold societal morality (!) (!) (!) (!) .

  8. The appeals filed by the accused were dismissed, and the convictions and sentences, including the death penalty, were upheld. The court appreciated the efforts of the counsel and confirmed that the procedural and evidentiary standards were properly followed (!) .

Please let me know if you need further analysis or specific legal advice regarding this case.


JUDGMENT

Sethi, J.-Three desperadoes, the two appellants and one Raju (PW2) who had gone amuck, committed the heinous crime of murders in a most ghastly and shocking manner for which the appellants were charged with various offences punishable under Sections 120B, 302, 34, 342, 392, 297 and 449 of Indian Penal Code. On proof of the charge that the appellants had committed the murder of five innocent women, one of whom was pregnant, and two children of teenage of one and a half years and two and a half years they were convicted and sentenced to death alongwith other sentences, by the Trial Court. The High Court accepted the Reference made for confirmation of the death sentence and dismissed the appeals filed by the appellants for setting aside their convictions.

2. On the date of occurrence the appellants were of 20-22 years of age. The deceased, victims of the crime, included Meerabai Rathi, aged about 45 years, her daughter-in-law Babita @ Nita Rathi, aged about 24 years, her unmarried daughter Preeti aged about 19 years, her married daughter Hemlata aged about 27 years, her maid servant Satyabhamabai Sutar aged about 42 years, Chirag, son of Babita aged two and a half years, Pratik
















































































































































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