repulsive to the collective conscience of the society. It is clear
that he does not value the lives of others in the least. The fact
that the murders in this case were committed in such a
deliberate and diabolic manner even beyond the slight
expectation of the victims, without any provocation
whatsoever from the side of the victims that too having
enjoyed the hospitality and kindness of the victims, indicate
the cold blooded and premeditated approach of the accused to
put to death the victims which included two innocent children
in their earlier teenages also, for a sordid purpose.
232. It was clearly come out that his wife and child are not
residing with the accused. He does not know even the school
at which his wife is working as teacher. Even according to
him, she has not cared to come to reside with him after the
incident in this case. In fact, all my searches for extenuating
circumstances in this case are in vain. From various judicial
pronouncements of the Hon’ble Supreme Court of India on
the subject, it has come out that in the choice of sentence the
court has to weigh the aggravating and mitigating factors
available on the facts of the case to find out whether special
reasons do exist to categories [categorize] the case as one
among the “rarest of rare cases”.
233. The accused is a hardened criminal beyond any
correction and rehabilitation. In this case the culpability has
assumed the preparation of extreme depravity. The accused
is a preferred example of blood thirsty, irreclaimable and
hardened criminal. This court is of the view that, to spare such
a criminal from the gallows is to render the justicing system
suspect and to have recourse to the lesser alternative in
sentencing this accused will be a mockery of justice. As this
incident had sent tremors in the society and the collective
conscience of the community as such was shocked, it is not to
be humane but to be callous to allow such a criminal to return
to the society. When multiple murders are committed in the
most cruel, inhuman, extreme, brutal, gruesome, diabolic,
revolting and dastardly manner, this court cannot wriggle out
of the infliction of the extreme penalty. Matters being so,
special reasons do exist in this case under Section 354(3) Cr.
P.C. and this case comes within the category of “rarest of rare
case” in which the “lesser alternative is unquestionably
foreclosed.”
R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009
Page 3 of 19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents