Shabnam Vs. State of U.P.
|
Head Note
Indian Penal Code,1860 - Section 302 , Section 34
Appeal against Conviction - Murder - Rarest of Rare Case - Death sentence - Death caused by appellant-daughter of her father and six members of her family with help of her paramour -Here is a case where the daughter, appellant-accused 'Sh' who has been brought up in an educated and independent environment by her family and was respectfully employed as a Shikshamitra (teacher) at the school, influenced by the love and lust of her paramour has committed this brutal parricide exterminating seven lives including that of an innocent child - Not only did she forget her love for and duty towards her family, but also perpetrated the multiple homicide in her own house so as to fulfill her desire to be with the co-accused 'S' and grab the property leaving no heir but herself - Appellant-co-accused 'S' hatched the intricate plan with her, slayed the six deceased persons with an axe, escaped the crime scene, hid the murder weapon and supported the false story of occurrence - Aggravating circumstances indicate the extreme brutal, calculated and diabolical nature of the crime, which suggests that there is little likelihood of reform of these accused and of their abstaining from future crime - Mitigating circumstances regarding young age of the appellants-accused at the time of commission of crime do not bear any significance in terms of outweighing the aggravating circumstances of their wanton act - Submission that the appellant-accused 'Sh' was pregnant at the time of commission of offence and the couple now has a dependent minor child - Held that such compassionate grounds are present in most cases and are not relevant in considering commutation of death sentence - Appellantaccused persons' preparedness, active involvement, scheming execution and subsequent conduct reeks of calculated and motivated murders- Crime is committed in the most cruel and inhuman manner which is extremely brutal, grotesque, diabolical and revolting -Instant case requires to award a punishment that is graduated and proportioned to the crime and that the extreme culpability of both the appellants-accused makes them the most deserving for death penalty - Reasons recorded by the Trial Court and approved by the High Court while awarding and confirming the death sentence of the appellants-accused, respectively confirmed.
Topic(s)-Murder - Rarest of Rare Case - Death Sentence confirmed