Case Name : Bablu Hussain Vs. State of Rajasthan
Author : Akash Krishnan
Appeal (crl.) 1302 of 2006
Dr. ARIJIT PASAYAT & S.H. KAPADIA
Section 300 of the Indian Penal Code defines murder as an act which is done with the intention to cause death with adequate amount of force which would cause the death of an individual and the person committing the offence knows that his action would result in the death of the other party. Section 302 talks about the punishment for the same, which is either death penalty or imprisonment for life and may also include fine.
The Supreme Court has time and again held that death penalty should be awarded only in the rarest of the rare cases. The following case incorporates this principle based on the brutality involved in the murders.
The appellant herein was accused and was tried for the offence of Murder and convicted under Section 302 of the Indian Penal Code. The appellant on the day before the gruesome act, had beaten his wife and children. His brother intervened and stopped him from continuing to torcher his family. Thereafter, the next morning at 5:00 AM the appellant came out of his house and started shouting that he had killed everyone. His wife, three daughters and a son; all minors were found dead in the house. Their toes were tied along a piece of string.
The appellants brother and neighbours were the primary witnesses. The Police was informed and a charge sheet was filed upon which the trial court ordered conviction in the form of Death Sentence. The Appellant herein is challenging the death sentence awarded to him. He claimed that he was drunk and thus was not aware of the consequences of his act.
Whether the Death Penalty awarded is right under the eyes of law in the given circumstances?
The medical reports and the very fact that the plea of being drunk was not brought forth in the Trial Court indicates the fact that this piece of argument is based on false pretext.
The Act of murdering 5 family members in cold blood, including his own children was completely cruel and brutal, thus, falling into the rarest of rare circumstances. Therefore the death penalty awarded is valid and is thus not set aside.