118
were caught off-guard and severely physically assaulted, resulting in their death,
in the safety and comfort of their own home. To have killed three generations of
women from the family of PW-1, is without a doubt, grotesque. The manner of
the offence was also vicious and pitiless – Ashlesha and Rohini, were stabbed
repeatedly to their death, while Megha was shot point blank in the face. The
post-mortem (Ex. P44) reflects that the stab wounds were extensive – ranging
across the bodies of the victim. The extensive bleeding at the crime scene
further reflects cruel and inhumane manner of attack, against the three women.
The crime in itself, could no doubt be characterised as “extremely brutal,
grotesque, diabolical, revolting or dastardly manner so as to arouse intense and
extreme indignation of the community”119 as defined in Machhi Singh. These are
the aggravating circumstances.
219. On an application of the Bachan Singh test (as clarified and explained, in
numerous decisions elaborated above), however, the mitigating circumstances
need to be considered (and that too, liberally and expansively). Prior to the
hearing on sentencing before this court, a direction was issued the State to (on
the basis of personal interviews and prison records) file for each of the accused
– a Psychological Evaluation Report, a Probation Officer’s Report, and Prison
Report including material on their conduct and work done. Furthermore, each of
the accused has placed material on record before this court, to demonstrate
circumstances of the criminal. Given that in this case there are three accused –
this court cannot baldly consider their circumstances collectively, and instead
find that an individualised approach is necessary.
(i) Manoj
220. The material states that Manoj’s conduct appears to be disciplined,
correctional in nature and overall satisfactory, barring one physical altercation
during an earlier confinement period. He has a wife and two young children
119 Macchi Singh (para 32)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents