The crime committed by the accused falls within the aggravating circumstances as it has been committed after previous planning involving extreme cruelty. None of the accused, however, led any defence evidence. Only such omissions which amount to contradiction in material particulars can be used to discredit the testimony of the witness. Facts and circumstances of the case justify the extreme penalty provided under Section IPC. In the traditional Indian family, daughters are to be married out by the age of 20 or thereabout, soon they attain the motherhood and start looking after the household in the family. We have heard the learned counsel for the parties appearing in the case and perused the record.
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We have no doubt that the present case is the rarest of the rare requiring the maximum penalty, imposable under law.
Trivial discrepancies ought not to obliterate an otherwise acceptable kalj From the defence, virtually no material is produced.
In one of the notes Exhibit 84 dated After being mukklava with each other, all the three became friends. As has been noticed so far, the victims mu,lava been five helpless women and two very young children. The risk involved in convicting an accused on the testimony of an accomplice, unless it is corroborated in material particulars, is so real and potent that what during the early development muklzva law was felt to be a matter of prudence has been elevated by judicial experience into a requirement or rule of law.
Except the young ages referred to by Learned Advocate for the defence, there is nothing on record to indicate about either their past behaviours or the behaviour in course of the trial. This fact should be borne in mind while considering the question of awarding the sentence. Both sections are part of one subject and have to be considered together. One of the daughters of Keshrimal Rathi, deceased Hemlata was married to Shri Shrikant Navandhar PW15 in the year and had come to her parents' house along with her son on the fateful day.
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We are not impressed by this submission as well. The prosecution case, as revealed from the investigation and official report filed in the Court, is that complainant Sanjay Rathi PW1 along with his father Keshrimal Rathi, his mother deceased Meerabai Rathi, his younger sister deceased Km. The statement of PW2 is vivid in explanation and inspires full confidence of the court to pass the conviction on the appellants for the offences with which they were charged.
The omissions in the earlier statement if found to be of trivial details, as in the present case, the same would not cause any dent in muklaca testimony of PW2.
Learned counsel for the appellants took us through the whole of the testimony of PW2 which is Exhibit No. On hearing the cries of complainant Sanjay Rathi, the neighbourers and by-passers got mulava in kx of the building. Sanjay Rathi was not in a condition to check the articles on account of the shock received after having seen the dead bodies all around in his flat. Dhade ,alu to whether the key of the door of his flat was kept at their houses. This typical Indian family, happily placed financially, would complete the picture of women for the Rathis.
The Trial Court in its judgment from paras 68 to referred to 26 corroborative circumstances and concluded:. Muralidhar has attacked the statement of the Approver on various grounds and submitted that it would be unsafe to award the appellants the death sentence solely on the basis of testimony of PW2. The High Court accepted ja Reference made for confirmation of the death sentence and dismissed the appeals filed by the appellants for setting aside their convictions.
After noticing that the motorcycle of Sanjay Rathi was not ,alu, they decided to execute their plan. The medical evidence shows that out of the external injuries, klau external injuries were on the palm showing that the said maid servant Satyabhamabai Sutar tried to save herself getting Churri blows ka,u her vital part of her body by taking the same on her palm.
This Court again in State of Rajasthan vs. State of Haryana [ 1 SCC The arguments on the application of the prosecution were heard after affording the advocates of the appellants an opportunity of addressing the court. He has taken pains to point out some alleged discrepancies in his statement purportedly with respect to the material particulars and contended that as PW2 has made improvements in his statement on material particulars, it would not be safe to rely upon his testimony for convicting the appellants and sentencing them to death.
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Baskerville KB as follows:. By Criminal Law Amendment Act, old sections to were substituted by sections to of the Code of Criminal Procedure conferring the power to tender pardon only to Judicial Magistrates and the Trial Court.
I only assisted my friend Jeetu and Naryana in committing those seven gruesome murders on that faithful days. After the doors of all other flats were chained from outside, Raju PW2 went to the flat of Rathis. The normal kaly of the human conduct would be that while narrating a particular incidence kwlu may occur minor discrepancies, such discrepancies in law may render credential to the depositions. 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 B, 34,and of Indian Penal Code.
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