The Supreme Court has affirmed the death sentence awarded to a 'tantric' couple accused of murdering a boy, by performing the ritual of human sacrifice.
The allegations against Kiran Bai and her husband Ishwari Lal Yadav were as follows: Both of them believed in tantrism. Kiran Bai wanted to attain siddhi. She was also proclaimed as 'gurumata'. To propitiate the God, she asked her husband and disciples who are the other co-accused along with them, to get a small child for human sacrifice. For the purpose of sacrifice to God, Chirag, a child from their neighbourhood, aged two years then, was kidnapped and murdered in a gruesome manner, inside their house. Thereafter he was buried in the precincts of the house.
The bench of Justice Rohinton Fali Nariman, Justice R. Subhash Reddy and Justice Surya Kant, after examining the evidence on record, unanimously held that the instant case is a case of "rarest of rare cases" where death sentence" can be imposed.
The bench also confirmed the High Court judgment which awarded them imprisonment for life without any remission or parole in another case, in which they were found guilty of murdering a six year old girl for the purpose of human sacrifice..
While affirming the death sentence for murder of Chirag, the bench, speaking through Justice R. Subhash Reddy observed:
"In this case it clear from the evidence on record, the main accused, namely, Ishwari Lal Yadav and Kiran Bai have committed the murder of the two year old child Chirag as a sacrifice to the God. It is to be noticed, they were having three minor children at that time. Inspite of the same, they committed the murder of the deceased, a child of two years of age brutally. The head of the helpless child was severed, his tongue and cheeks were also cut. Having regard to age of the accused, they were not possessed of the basic humanness, they completely lacked the psyche or mindset which can be amenable for any reformation. It is a planned murder committed by the aforesaid two appellants. The appellants herein who are the main accused, namely, Ishwari Lal Yadav and Kiran Bai were also convicted on an earlier occasion for the offence under Section 302/34 and Section 201 of IPC in Sessions Trial No.98/2011 by the learned Sessions Judge, Durg, for similar murder of a 6 year old girl for which they were convicted and sentenced to death, but such sentence was modified on appeal in Criminal Appeal No.1068 of 2014 by the High Court of Chhattisgarh at Bilaspur and they were sentenced to undergo life imprisonment without any remission or parole. On appeal to this Court, the order of the High Court is. Such conviction for similar offence can be considered as aggravating factor. By following the guidelines as mentioned in the case of Sushil Murmu we are of the view that this is a case of "rarest of rare cases" where death sentence imposed by the trial court is rightly confirmed by the High Court."
In yet another judgment delivered today, the Supreme Court (by 2:1 Majority) confirmed death penalty to a man found guilty for murder and rape of a two year old girl. Justice Subhash Reddy dissented observing that it was not a "fit case for death penalty".
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