Consider Psychological Status, Socio-Economic Background Of Accused: Karnataka High Court Issues Guidelines To Prosecution For Seeking Death Penalty

The Karnataka High Court has issued guidelines for the prosecution to follow while seeking Death Sentence before the trial court and during confirmation of sentence in the Appellate court.

A division bench of Justice Suraj Govindaraj and Justice G Basavaraja issued the guidelines while upholding the conviction and death sentence handed down to accused Byluru Thippaiah (43), for murdering his wife, sister-in-law and three children below the age of 10 years, suspecting the fidelity of his wife..

During hearing the appeal the bench on holding the accused guilty while considering the issue of sentence in order to analyse the mitigating factors, called upon reports from various authorities.

The bench said “Though the matter was heard and reserved for judgment on 22.11.2022, noticing that there are several information which are required to be considered in order to consider the request of the Addl.SPP for confirmation of capital punishment we had issued directions for obtaining certain records and reports. It is after prolonged period that those reports have been furnished to us, which have been adverted to above.”

Thus it felt the need to issue the guidelines. It said it would be required that before the hearing on sentence, the prosecutor places on record the following details:

1. A report of the Superintendent of Jail where the Accused has been imprisoned with regard to the nature of work done, conduct and behaviour in jail.

2. A psychological and physiological evaluation of the Accused at a date as close as possible to the commissioning of the offence as also a psychological and physiological evaluation report at the time when death penalty is demanded to be imposed by the public prosecutor.

3. Report of the jurisdictional Probation Officer containing the following details:

a. Early family background of the appellant.

b. Details of siblings, if any, and their relationship with the appellant.

c. Any proceedings indicating history of violence or neglect against the appellant or by the appellant.

d. Details as regards the parents of the appellant and their opinion as regards the appellant including that of his conduct.

e. The present family background of the appellant including the surviving family members, relationship that he has with the surviving family members.

f. Education background of the appellant.

g. The social economic background of the appellant.

h. Criminal antecedents of the appellant including conviction or acquittal, if any, in other proceedings as also pending proceedings.

i. The assets and income of the appellant.

j. History of any unstable social behavior or mental or psychological ailments of the appellant.

k. Whether the Appellant can be reformed or rehabilitated.

The bench said “The above reports to be submitted firstly at the time when the Appellant is committed to trial, a second report, at the time of hearing on sentence if the Appellant were to be convicted, third report at the time when the appeal is heard and the matter is reserved for judgment.”

Case Title: Byluru Thippaiah And State of Karnataka

Case No: CRIMINAL APPEAL NO. 100170 OF 2020 C/W CRIMINAL REFERRED CASE NO. 100002 OF 2020

Citation: 2023 LiveLaw (Kar) 216

Date of Order: 30TH DAY OF MAY, 2023

Appearance: Advocate S L Matti for Appellant.

Addl SPP V M Banakar for respondent.

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