Summary
The Court upheld convictions and the death sentence for the planned killing of six members of a family for financial gain. The surviving victim’s evidence, corroboration and recoveries supported guilt, and the circumstances placed the murders in the rarest-of-rare category.
Issues
- Whether the eyewitness testimony, corroborating evidence and recoveries established the offences despite alleged inconsistencies and an earlier unsuccessful search.
- Whether the death sentence for six planned murders, including two children, should be confirmed.
Provisions considered
- Section 302, Indian Penal Code, 1860The convictions for six murders and the death sentence were sustained after considering the planned killings, financial motive, victims including children and the absence of identified mitigating circumstances. (¶¶ 13, 14, 15)
- Section 27, Indian Evidence Act, 1872The disclosure-led recovery of cash, ornaments and keys was accepted notwithstanding an earlier unsuccessful search; the accused knew their place of concealment and the surviving victim identified the articles. (¶¶ 7.4, 12)
Held
- The surviving victim’s account of the events she witnessed and the last-seen circumstances was trustworthy and corroborated by other witnesses. Minor discrepancies or omissions do not justify rejection unless they materially affect the truth of the prosecution case. (¶¶ 9, 9.1, 9.2, 10, 11)
- An earlier search yielding no recovery did not by itself discredit the subsequent proved recovery at the accused’s instance. Identification of the recovered property and the corroborative circumstances supported the prosecution account. (¶¶ 12, 12.1, 12.2, 13)
- The findings of guilt were neither perverse nor contrary to the record. The testimony and supporting circumstances justified confirmation of the convictions. (¶¶ 9, 13)
- The premeditated killing of six family members, including two young children, in successive episodes using deception for financial gain, coupled with no mitigating circumstance identified by counsel, warranted the rarest-of-rare classification and confirmation of the death sentence on these facts. (¶¶ 14, 15)
Result
Appeals dismissed. Convictions under Sections 364, 302, 307, 201 and 380 IPC and the death sentence under Section 302 IPC affirmed.