The accused may not be a hardened criminal, but he committed brutal murder of three persons by cutting their neck and causing several fatal injuries together in a preplanned manner, who were unarmed and sleeping, the court observed.
The Madhya Pradesh High Court confirmed death sentence awarded to a man convicted of murdering his two brothers and a nephew by observing that reformative ideas are totally ineffective nowadays and death sentence is essential.
The prosecution had accused Bhagchandra of murdering his brothers Thakur Das, Devki Prasad and Nephew Akhilesh by cutting their necks. The trial court had convicted Bhagchandra and sentenced him to death.
A bench of Justice SK Seth and Justice Anjuli Palo brushed aside the challenge against finding of guilt by observing that the evidence of related eye-witnesses can be relied upon for conviction and that non-compliance of Section 157 of CrPC cannot prove fatal for the prosecution if the case is duly established against the accused.
“He committed murder of three persons in somewhat similar manner by cutting their neck. He repeatedly inflicted blows by the axe over the vital body parts,” the court observed.
With regard to sentence, the court observed: “The accused may not be a hardened criminal, but he committed brutal murder of three persons by cutting their neck and causing several fatal injuries together in a preplanned manner, who were unarmed and sleeping.”
The bench then observed that having regard to the nature and manner of crime, a sentence of life imprisonment would be grossly disproportionate and inadequate and it would amount to no punishment at all.
Referring to Mukesh vs. State (NCT) of Delhi (Nirbhaya case judgment), Justice Anjuli Palo speaking for the bench observed: “Nowadays reformative ideas are totally ineffective. Justice demands that the Court should impose punishment befitting the crime so that it reflects public abhorrence of the crime. The instant case clearly comes within the category of the “rarest of rare” case. Any other punishment is absolutely inadequate.”