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Head Note
Indian Penal Code,1860 - Section 302 , Section 327 , Section 398 , The Arms Act,1959 - Section 25 , Section 27
Murder - Capital punishment - Sustainability - Appellant accused allegedly committed murder with country made pistol on infant deceased - Accused was charged for offence punishable u/ss. 302, 327, 398 IPC and y/ss. 25, 27 of the Act - Trial Court held accused guilt and awarded capital punishment which was affirmed by HC - Hence instant appeal - Accused was involved in 24 criminal cases, out of which 3 were registered against accused for murder and 2 cases of attempting to commit murder and, in all those cases, accused was charge- sheeted for trial before Court of law - No materials have been produced before Court to show that accused stood convicted in any of those cases - Accused had only been charge- sheeted and not convicted - Pendency of large number of criminal cases against accused person might be factor which could be taken note of in awarding sentence however in any case, not relevant factor for awarding capital punishment - First criteria might be relevant factor while applying R- R test, provided offences related to heinous crimes like murder, rape, dacoity etc. have ended in conviction - Court took view that there was no probability that accused would not commit criminal acts of violence and would constitute continuing threat to society and there would be no probability that accused could be reformed or rehabilitated - Accused had full knowledge, if he fired the shot on temporal area, that was between forehead and ear, it would result in death of child of one year who was in the arms of complainant PW1 - Accused demanded Rs.100/- from PW1, which he refused and then he took out pistol and fired at right temporal area of child, as retaliation of not meeting his demand and there was nothing to show that at the time of incident accused was under influence of liquor - Consequently, while affirming conviction, Court was not prepared to say that it was rarest of rare case, warranting capital punishment - Hence, death sentence awarded by Trial Court and affirmed by HC was set aside and converted to imprisonment for life - Instant case was fit where 20 years of rigorous imprisonment, without remission, given to accused - Appeals disposed of.
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