Rarest Of Rare Cases: Karnataka HC Confirms Death Sentence Of Man Convicted Of Murdering Five Persons Including His Three Minor Kids
|The Karnataka High Court, Dharwad Bench has confirmed the death sentence i.e., the capital punishment imposed upon a man who was convicted of murdering five persons including his three minor kids on the ground of rarest of rare cases.
A Division Bench comprising Justice Suraj Govindaraj and Justice G. Basavaraja held, “There are no circumstances favoring the Appellant in the present manner. The atrocity of the crime resulting in five deaths including of 3 children below 10 years of age and the brutality with which the same has been committed, leaves us no option but to confirm the order of death sentence passed by the trial Court, which we do with a heavy heart. This in our considered opinion qualifies the test of rarest of rare cases requiring the awardal of death penalty.”
The Bench also issued some directions to the prosecution in cases where the public prosecutor seeks the imposition of capital punishment or the death penalty.
Advocate S.L. Matti appeared on behalf of the appellant/accused while Addl. SPP V.M. Banakar appeared on behalf of the respondent/State.
Facts -
The appellant i.e., the accused preferred an appeal challenging the order of conviction and sentence passed by the Sessions Judge whereby he was found guilty of an offence punishable under Section 302 of the IPC and sentenced to capital punishment of the death penalty. The appellant was a labourer who suspected his wife of having an affair which led to conflicts.
Both had four children, and the accused declared that only one of them was born to him as a result of which he used to abuse his wife. Hence, one day he attacked his wife with a chopper and also attacked his sister-in-law and his three children which led to their death.
The High Court after hearing the arguments of the counsel for both parties noted, “The manner in which the offence has been committed by the Appellant is having attacked two women and three children in the house, hacked them and chopped them resulting in multiple injuries being caused to them and the Appellant coming out of the house and proclaiming that he has killed the prostitutes while holding chopper covered in blood. The same would shock the conscience of anybody and has indeed shocked our conscience, despite we having dealt with so many cases of offences relating to murder.”
The Court further noted that there is no family left for the appellant except his daughter and he has destroyed his entire family based on the suspicion.
“… there is none available for the Appellant to reform himself for. Hence, looked at from any angle, despite our attempts to find some mitigating factors or other, we are unable to do so. There was no extreme mental or physical disturbance or extreme provocation for the Appellant to have committed the offence. There is nothing which could indicate that what he has done is as a result of any persistent harassment”, said the Court.
The Court observed that there is no particular justification moral or otherwise that could be given for such an offence.
“The trial Court has not passed any order as regards the victim compensation which is required to be mandatorily passed in terms of Section 357 and 357A of the Code of Criminal Procedure. Hence separate direction in that regard would have to be issued. … The death sentence awarded by the trial Court is confirmed. The Appellant shall be hung by his neck till death”, held the Court.
Accordingly, the Court dismissed the appeal and confirmed the death sentence of the appellant.
Cause Title- Byluru Thippaiah @ Byaluru Thippaiah v. The State of Karnataka