IMPORTANT POINT
Although there is no reason to interfere with the concurrent findings of fact recorded by Courts below on the guilt of the appellant that he murdered his wife and four daughters by sprinkling petrol and then setting fire to it but the facts of the case do not bring his guilt under rarest of the rare cases and hence death penalty awarded to him by Courts below needs to be modified by rigorous imprisonment for life.

Headnote:Indian Penal Code, 1860-Section 302-Appellant found guilty of murdering his wife and four daughters by setting fire after sprinkling petrol by Sessions Court (Para 5)-Upheld by High Court (Para 6)-Appeal to Supreme Court-Whether it is a case of homicidal death as per prosecution version or by sheer accident as sought to be contended on behalf of the appellant? (The former)-Circumstantial evidence is complete to record guilt of the appellant-Concurrent finding of Courts below on guilt of appellant needs no interference.
       Held : We have carefully considered the submissions of the learned counsel appearing on either side. The entire case against the appellant rests only on circumstantial evidence, and having regard to the manner, place and time of occurrence it was difficult for the prosecution to gather or produce any direct or ocular evidence for the commission of the murder. As indicated even at the outset, the area of controversy is very limited and even the indisputable facts placed on record, some of which by the very admission of the appellant, would provide sufficient basis for legitimately inferring the actual role played by the appellant and it is in this context only both the courts below have chosen to appreciate and highlight the varying as well as the falsity of the plea of the very appellant. Every one of the circumstances found established in this case definitely form a chain of evidence so complete and definite as not to leave any doubt that the appellant has been carefully planning and meticulously preparing at every stage to get rid of the wife and the daughters as a whole lot. On the evidence on record it could not be properly contended that the courts below found the appellant guilty solely on the basis of the falsity of the stand or explanation given by him of the occurrence. The circumstances held proved in this case by cogent and convincing materials brought on record are sufficient to substantiate the homicidal crime committed by the appellant beyond reasonable doubt and bring home the guilt of the accused with reasonable and positive definiteness. The false nature of the varying explanations and the narration in the written statement of events as to how the incident took place has been highlighted by the courts below more in the process of finding out the reasonableness of the explanation and plausibility of its acceptance, more as an additional circumstance to reinforce the conclusions arrived at and not to use such reasoning as a substitute for the ordinary proof normally expected of the prosecution to substantiate the guilt of the accused. The reliance placed by the courts below on the deposition of PW-14 (the nephew), PW-13 (the brother), PW-6 (living in the house opposite to the appellant), PW-7, PW-8 (the panch witnesses) and the facts noticed in the panchnama relating to the place of the incident Ex. P-82 to arrive at the conclusions cannot be said to be either inappropriate, unreasonable or unjustified. Both the courts below have analysed the materials carefully and in their proper perspective and the manner of appreciation of evidence by them cannot be said to be either perverse or suffer from any glaring infirmities. It cannot also be legitimately contended that improper and wrong inferences have been drawn from the materials placed on record or facts proved. Therefore, we see no reason to interfere with the concurrent findings of facts recorded by the courts below on the guilt of the appellant. (Para 8)
       (ii) Question of Sentence-Indian Penal Code, 1860-Section 302-Murder by appellant of his wife and four daughters on continuous harassment and constant nagging as they were not pleased about the house purchased by appellant for their living-Murder by setting them on fire when they were stated to be fast asleep-Death penalty imposed by Sessions Court-Upheld by High Court-Whether justifiable under rarest of rare cases ? (No)-Death penalty converted into life imprisonment (Paras 9 and 10)-Appeal partly allowed-Modifying death sentence.
       Held (after referring case law) : Considering the facts of the case presented before us, it is on evidence that despite his economic conditions and earnest attempt to purchase a house for the family after raising loans, the wife and daughters were stated to be not pleased and were engaging in quarrels constantly with the appellant. Though they were all living together the continuous harassment and constant nagging could have very well affected his mental balance and such sustained provocation could have reached a boiling point resulting in the dastardly act. As noticed even by the High Court the appellant though hailing from a poor family had no criminal background and it could not be reasonably postulated that he will not get rehabilitated or that he would be a menace to the society. The boy of tender age would also once for all be deprived of the parental protection. Keeping in view all these aspects, in our view, it could not be said that the imposition of life imprisonment would not adequately meet the requirements of the case or that only an imposition of the extreme punishment alone would do real or effective justice. Consequently, we direct the modification of the sentence of death into one of rigorous imprisonment for life, by partly allowing the appeal to that extent. In other respects the appeal shall stand dismissed. The appellant shall undergo the remaining period of sentence, as above. (Para 10)

JUDGMENT

Raju, J.-The appellant, head of the family which consisted besides himself, his wife, four daughters and a son aged about 5 years, stood charged for committing a brutal and cold blooded murder of his wife and four daughters by setting them on fire, when they were stated to be fast asleep under an impression that they were safe in their own house, and convicted for the offence of murder under Section 302 IPC and awarded death sentence by the learned trial judge which in turn was also confirmed by the High Court. Though charged with an offence under Section 201 IPC also, the trial court acquitted him of the same. Before the High Court, confirmation case No. 3 of 2000 and Criminal Appeal No. 540 of 2000 filed by the appellant came to be disposed of together and while confirming the conviction and imposition of the death sentence, the appeal came to be dismissed by a Division Bench of the Gujarat High Court at Ahmedabad.

2. The area of controversy is very narrow in that as to whether it is homicidal as per the prosecution version or by sheer accident, as sought to be contended on behalf of the appellant. The occurrence was in the very house where the family lived wherein the appellant, the five members who died and his son lived and the manner in which the five members met their gruesome end is due to flames which engulfed them when they were asleep at 3 a.m. in the early morning hours on 22.5.99. Whether the said fire broke out accidentally or was the making of the appellant deliberately, alone is the dispute since that he struck a match which resulted in the huge fire due to the spilling of petrol accidentally near the cots on which the victims were sleeping is the fact which gives the turn or twist to the whole case. In short whether the appellant designedly sprinkled the petrol which he admittedly procured and kept in the house, though a controversy was raised as to the quantity procured by him, on the sleeping members of the family and set fire to them or that it was a mere case of accidental spill, as the appellant would try to make others to believe.

3. The skeletal facts necessary to appreciate the claims on behalf of the appellant are that the appellant was a fruit vendor selling mainly bananas in his hand cart in the city of Rajkot, that he got married to Savitaben, and through her had four daughters - Raju Ben @ Nirmala, Harshidd, Usha and Guddi and a son Kishan. Eight months prior to the date of occurrence, the appellant purchased the house from his nephew PW-14, for Rs. 1,75,000/- prior to which he was living in Ashapura Nagar locality in Rajkot. A portion of the price of Rs. 40,000/- remained yet to be paid and though the family started living in the house, it appears the wife and daughters did not like the house and started pressurising him to sell and purchase another house in some other locality. The appellant who got agitated by all these seems to have purchased five litters of petrol in a plastic can Car boy from Jayanth Petrol Pump, Rajkot and kept the same in the kitchen. On 21.5.99, after dinner at about 9 p.m. the appellant and his son had gone to sleep on the terrace of the house and other members slept in the rear room of the size 9 X 10 on the ground floor. At about 3 a.m. early next morning, the appellant collected the petrol in a steel bowl and sprinkled the same on his wife and daughters who were sleeping and by lighting a match set them on fire and in the process was said to have also sustained burn injuries on his left ear, left shoulder and right thumb. There was huge fire in the room in which the deceased members of the family were sleeping and apprehending that he may also get burnt, ran away from the room by closing the door from outside and went to HUDCO Police Chowky. He seems to have stated that when he was lighting a lamp of petrol he sustained burn injuries and his wife and daughters seriously got caught in the big fire in the house and that they should be saved. On the di

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2002 Supreme(SC) 545

Cases Referred (3)