Madhya Pradesh High Court
Kishan @ Chinnu Machchiya vs The State Of Madhya Pradesh on 8 October, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal, Avanindra Kumar Singh
NEUTRAL CITATION NO. 2025:MPHC-JBP:50923
CRRFC No.6 of 2024 & CRA No.12363 of 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 8TH DAY OF OCTOBER, 2025
CRIMINAL REFERENCE NO.6 of 2024
IN REFERENCE
Versus
KISHAN @ CHINNU
Appearance:
Shri Ajay Tamkrakar - Public Prosecutor for the reference-petitioner.
Ms. Kriti Jain and Ms. Renu Tiwari - Advocates for the respondent.
CRIMINAL APPEAL NO.12363 of 2024
KISHAN @ CHINNU MACHCHIYA
Versus
STATE OF MADHYA PRADESH
Appearance:
Ms. Kriti Jain and Ms. Renu Tiwari - Advocates for the appellant.
Shri Ajay Tamrakar - Public Prosecutor for the respondent-State.
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 16-10-2025
12:59:43
NEUTRAL CITATION NO. 2025:MPHC-JBP:50923
CRRFC No.6 of 2024 & CRA No.12363 of 2024
2
JUDGMENT
Per: Justice Vivek Agarwal This criminal reference and the criminal appeal originate from the impugned judgment dated 04.09.2024 passed by the learned Second Additional Sessions Judge, Sohagpur, District Narmadapuram (M.P.) in Sessions Trial No.11/2022 (State of Madhya Pradesh through Police Station Sohagpur, District Narmadapuram Vs. Kishan @ Chinnu Machchiya), whereby the learned trial court has convicted the appellant Kishan @ Chinnu Machchiya under Sections 302, 376AB, 377, 201 and 450 of IPC and under Section 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced as under:-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment in
lieu of fine
302 IPC Death Penalty Rs.1,000/- R.I. for one month.
5 r/w POCSO Death Penalty Rs.1,000/- R.I. for one month.
Section 6 Act
377 IPC R.I. for 10 years Rs.1,000/- R.I. for one month.
201 IPC R.I. for 7 years Rs.1,000/- R.I. for one month.
450 IPC R.I. for 7 years Rs.1,000/- R.I. for one month.
2. It is submitted by Ms. Kriti Jain and Ms. Renu Tiwari, learned counsel for the accused-appellant that firstly chain of circumstances is not complete;
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 3 secondly, there are several glaring lapses in the conduct of the prosecution like PW-19 Dr. Saif Ali Beg could not reply in paragraph 4 of his cross-
examination as to from which hand and which of the fingers, nail clippings were obtained. Thus, it is pointed out that collection of nail clippings of the accused is a suspected item in the present case. It is also submitted that in fact accused has taken a plea of alibi that he was not present at the place of the incident and in fact it was uncle of the deceased, who is the rapist and who had committed the offence.
3. To substantiate this submission on behalf of the appellant, learned counsel for the appellant have drawn attention of this court to Ex.P-39, which is a report of Regional Forensic Science Laboratory, Bhopal dated 23.08.2022 in which it is mentioned that human sperms were found on Articles H-1, H-2, I, J, K-1, L, M and N. It is submitted that Article H-1 is the leggy of the deceased, Article H-2 is the T-shirt of the deceased, Article-I is the vaginal slide swab of the deceased whereas Article-J is the Rectal swab slide of the deceased. Article K-1 is half pants of the deceased, whereas Article-L is the piece of vest, Article-M is the underwear of the appellant and Article-N is his semen slide. This report Ex.P-39 reflects that human sperms and semen were found on these articles.
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 4
4. It is submitted that Article-L is of great importance, so also Articles H-1, H-2, I and J, inasmuch as, they were personal belongings of the victim and the vaginal and anal swab, respectively. Once human sperms were found on the said articles, then prosecution was obliged to subject them to DNA Fingerprinting with the blood sample obtained from the appellant.
5. Ms. Kriti Jain, learned counsel while referring to Ex.P-40 submits that the articles which were subjected to DNA Fingerprinting were skin scrapping of the deceased, nail clippings of the deceased, hair found on the leggy of the deceased, pubic hair of appellant - Kishan @ Chinnu Machchiya, nail clippings of appellant, penile swab of the appellant and his blood sample. It is pointed out that there is a glaring omission on the part of the prosecution to not to test personal articles like Articles H-1 and H-2, which were leggy and T-
shirt of the deceased, so also vaginal slide swab (Article-I), rectal swab slide (Article-J), piece of vest (Article-L) while not putting them to DNA Fingerprinting Test, inasmuch as, DNA Fingerprinting Report (Ex.P-40) only makes a mention of the fact that the mixed Autosomal STR DNA Profile obtained from the nail clippings of the appellant-Kishan @ Chinnu Machchiya matched with the skin scrapping of throat of the victim.
6. Thus, it is submitted that though appellant's counsel is not conceding the role of the appellant in strangulating the deceased, but prosecution has clearly Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 5 failed to appreciate and bring on record, alleged act of the appellant that of violating the privacy of the victim both per vagina and per rectum. Thus, it is submitted that firstly charges under Section 376AB, 377 of IPC and 5/6 of Protection of Children from Sexual Offences Act are not made out and, therefore, at least the appellant deserves to be acquitted from these charges.
7. Learned counsel for the accused-appellant further submits that since the chain of circumstances is not complete, conduct of the prosecution witnesses is unnatural, especially when it has come on record that seven years old son of PW-2 (mother of the victim) was playing on the roof, where the unnatural act and homicidal death of the victim was caused, then there was no occasion for the prosecution to have lodged report against an unknown person. Thus, it is submitted that with a view to save the actual culprit, the appellant has been falsely implicated and therefore, he be acquitted of all the charges including one under Section 302 of IPC and impugned judgment of conviction be set aside.
8. Shri Ajay Tamrakar, learned Public Prosecutor for the State, in his turn, submits that though he would not like to concede, but in all fairness to the court, it would be appropriate to observe that there have been certain lapses on the part of the prosecution in conduct of trial. It is submitted that though sample collection of nail clippings of the accused is secondary and there being Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 6 no challenge to DNA Fingerprinting Report (Ex.P-40), showing matching of the throat skin of the deceased with the autosomal DNA profile obtained from the nail clippings of the present appellant, it is submitted that act of committing homicidal death of the victim can be attributed to the present appellant and there being no doubt about it, minor omissions or contradictions in the chain of circumstances would not be sufficient to record a finding of clean acquittal. Thus, it is submitted that no interference is called for in the impugned judgment of conviction.
9. After hearing learned counsel for the parties and going through the record, as pointed out by learned counsel for the appellant, it is evident that as per the prosecution story, incident took place on 25.12.2021 when PW-1 father of the victim lodged a report at Police Station Sohagpur, District Narmadapuram to the effect that he is a resident of Rajiv Gandhi Ward, Pipariya, but is residing at Sohagpur in the house of his in-laws along with his wife (PW-2), son (PW-3) and the deceased prosecutrix. He stated that he is engaged in the work of a labourer.
10. On 25.12.2021, at about 8:00 AM, he had left his house for Sohagpur Kasba to perform his work as a labourer. At 2:00 PM he had returned back home to take his meals and had gone back at 2:30 PM. When he had returned home at about 5:00 PM, then he had gone to the market to buy certain Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 7 vegetables and on his return, his wife (PW-2) informed him that the victim was not available in the house since 2:00 PM. Thereafter, she was searched for in the mohalla and other nearby locality. When they had gone to the roof of their house then they had found victim to be in unconscious condition lying on a heap of old clothes. Then PW-1 father of the victim had taken the victim along with the maternal uncle of the victim to Government Hospital, Sohagpur, where during treatment, doctor declared her to be dead. Merg was registered under Section 174 of Cr.P.C. as contained in Ex.P-1. Upon merg investigation, dead body was inspected, necessary forms were filled and dead body was sent for postmortem after preparing Naksha Panchyatnama (Ex.P-3). Short postmortem report is Ex.P-17 and detailed postmortem report is Ex.P-16.
11. After postmortem skin scrapping of throat of the victim, her nail clippings obtained from her hands, leggy, along with a hair which was found on the leggy and vaginal swab, rectal swab etc. were sealed and handed over to woman Constable Saloni Khore (PW-10) vide seizure memo (Ex.P-21).
12. It has come on record that as per postmortem report (Ex.P-16), cause of death of victim is mentioned as throttling and mode of death is asphyxia. Time passed since death is between 16 to 24 hours prior to time of postmortem examination done. All injuries are ante mortem in nature. There is case of sodomy that can be confirmed after chemical analysis of vaginal smear slides, Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 8 rectal smear slides, hair, skin clippings, nails and clothes. It is mentioned that death was homicidal in nature. This short postmortem report (Ex.P-16) has been proved by PW-6 Dr. (Smt.) Rekha Singh Gour. In the postmortem, Dr. (Smt.) Rekha Singh Gour found following injuries :-
"4- मृितका के शव के बाहय पर ण म उसके शर र पर िन निल खत चोटे पाई थी :-
1. मृितका के दा हने कान के पीछे गदन पर 1 गुणा 1 गुणा ½ गुणा 1/10 से.मी. आकार क सूखे खून स हत खर च मौजूद थी जो ल बवत थी।
2. मृितका के गदन के दा हने तरफ मे ड बुलर एंगल के पीछे क तरफ 1/2 गुणा 1/2 गुणा 1/10 से.मी. आकार सूखे खून स हत खर च मौजूद थी।
3. मृितका के दा हने तरफ मे ड बुलर एंगल पर 1/4 गुणा 1/4 गुणा 1/10 से.मी. आकार सूखे खून स हत खरोच मौजूद थी।
4. मृितका के दा हने तरफ मे ड बुलर एंगल के पास 1/2 गुणा 1/2 गुणा 1/10 से.मी.
आकार सूखे खून स हत खरोच मौजूद थी।
5. मृितका के दा हने तरफ मे ड बुलर र जन के म य भाग म 1/4 गुणा 1/4 गुणा 1/10 से.मी. आकार क लािलमा िलये हुये खरोच मौजूद थी।
6. मृितका के दा हने तरफ चोट कं. 5 के पास मे ड बुलर र जन के म य भाग म 1/4 गुणा 1/4 गुणा 1/10 से.मी. आकार क खरोच मौजूद थी।
7. मृितका के दा हने तरफ मे ड बुलर र जन एवं िचन (ठोड ) के पास 1/4 गुणा 1/8 गुणा 1/10 से.मी. आकार क खरोच मौजूद थी।
8. मृितका के दा हने तरफ िचन (ठोड ) पर 1/4 गुणा 1/4 गुणा 1/10 से.मी. आकार क खरोच मौजूद थी।
9. मृितका के दा हने तरफ गदन म 1 गुणा 1/2 गुणा 1/10 से.मी. आकार क ल बवत खरोच मौजूद थी।
10. मृितका के गदन के दा हने तरफ चोट नं. 9 के सामा तर 1 गुणा 1/2 गुणा 1/10 से.मी.
आकार क खरोच मौजूद थी।
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 9
11. मृितका के गदन के दा हने तरफ चोट नं. 10 के 1 से.मी. दरू सामा तर 1 गुणा 1/2 गुणा 1/10 से.मी. आकार क खरोच मौजूद थी।
12. मृितका क गदन क बायी तरफ 2 गुणा 1/2 गुणा 1/10 से.मी. आकार क ल बवत खरोच मौजूद थी।
13. मृितका के बाये कान के प ना के म य भाग म 2.5 गुणा 1 गुणा 1/10 से. मी. आकार क ल बवत सूखे खून स हत खरोच मौजूद थी।
14. मृितका के बाये कान के पीछे मे टोईड ोसेस पर 2 गुणा 1/2 गुणा 1/10 से.मी. आकार क ल बवत सूखे खून स हत खरोच मौजूद थी।
15. मृितका के गदन के दा हने तरफ 4 गुणा 1 गुणा 1/10 से.मी. आकार क ल बी और आड खर च मौजूद थी।
16. मृितका के गले के म य और अ भाग पर 4.5 गुणा 2 से.मी. आकार क आड ल बवत मूंद चोट थी।"
13. PW-1 father of the victim, PW-2 mother of the victim, PW-3 elder brother of the victim, PW-4 younger maternal uncle of the victim, and PW-5 elder maternal uncle of the victim are though related witnesses, but they all have stated that at one point of time, appellant was seen on the roof of their house where victim was playing.
14. Though it is submitted by learned counsel for the appellant that this is not a sufficient circumstance to record a finding of conviction against the present appellant, but an important circumstance in the chain of circumstances is the DNA report (Ex.P-40), which points out that the nail clippings of the accused contained same DNA profile as was obtained from the throat scrapings of the deceased.
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 10
15. Thus, it is evident that the presence of the deceased along with the accused and the act of the accused in throttling the deceased are proved beyond reasonable doubt. Therefore, we have no cause for hesitation to take a different view than what has been taken by the learned trial court. Thus, we affirm the conviction of the appellant under Section 302 of IPC.
16. However, before proceeding further, it would be appropriate and as has been submitted by Ms. Kriti Jain and Renu Tiwari, learned counsel for the appellant that Ex.P-39 is the FSL report, which reveals presence of human semen and sperms on the personal articles i.e. Articles H-1, H-2, I, J. K-1, L, M and N. Unfortunately or mischievously these articles namely Articles H-1, H-2, I, J. K-1, L, M and N on which human sperms were found were not subjected to DNA Fingerprinting Test as is evident from Ex.P-40.
17. As far as memorandum of the accused - Kishan @ Chinnu Machhiya is concerned, that is available on record as Ex.P-10. In Ex.P-10, he admitted that while performing unnatural act with the victim, she had started bleeding and appellant's sperms had also fallen inside the body of the victim. Accused had taken a piece of an old white vest which was lying on the spot and had wiped off the blood stains as well as semen from the anal portion of the victim. Since victim was crying and was insisting that she will narrate everything to her parents, therefore, after trying to counsel her, when she did not relent, Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 11 appellant had smothered and throttled her. Thus, Article-L as mentioned in Ex.P-39 is an important piece of evidence to connect appellant with the unnatural act alleged to have been committed by the appellant with the victim. It is important to mention that in his statements recorded under Section 313 of Cr.P.C. appellant has stated that he has been falsely implicated and it was uncle of the deceased, who had violated her privacy.
18. This allegation or defence could have been clarified, had prosecution bothered to subject Articles H-1, H-2, K-1 and L to the DNA profiling vis-a- vis the blood sample of the accused. It appears that prosecution was trying to save one set of accused at the cost of another set of accused, otherwise this being a major lapse in the conduct of the prosecution, could not be allowed to go unnoticed.
19. When aforesaid circumstance of the conduct of the trial and the complicity of the prosecution is taken into consideration, then Article-L being an important piece of evidence in the chain of events, not subjecting it to DNA Fingerprinting Test, is a major lapse for which benefit of doubt is required to and is accrued in favour of the appellant-accused. Accordingly, in absence of proper conduct of trial and failure of the prosecution to connect Article-L or Articles H-1, H-2, I and J on which human sperms were found to correlate it with the appellant, we are of the opinion that the prosecution has failed to Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 12 prove the charges under Sections 376-AB, 377 of IPC, so also under Section 5/6 of Protection of Children from Sexual Offences Act, 2012. Unless and until prosecution discharges its burden to prove these charges beyond reasonable doubt, merely on surmises and conjectures, conviction of the appellant cannot be upheld under Section 376-AB, 377 of IPC. The whole attempt of the prosecution was either to save somebody or to overcome the incompetency of the Investigating officer.
20. We will be failing in our duty to observe that it would have been a different situation, had prosecution bothered to subject these Articles H-1, H-2, I. and J, K-1 and L to DNA Fingerprinting Test and would have come to a conclusion that the sample was inconclusive or uninterpretably low, but their failure to put them to test reflects a particular mindset of the prosecution to save somebody at the cost of another and, therefore, when they have failed to prove the charges under Sections 376AB and 377 of IPC, so also under Section 5/6 of Protection of Children from Sexual Offences Act, 2012, conviction under aforesaid Sections cannot be sustained and deserve to be set aside and hereby set aside.
21. As far as conviction under Sections 302, 201, 450 of IPC is concerned, under the given facts and circumstances of the case and also in view of the Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 13 DNA Fingerprinting Report (Ex.P-40), deserves to be maintained and is hereby maintained.
22. However, looking to the fact that prosecution failed to prove the charges under Section 5/6 of Protection of Children from Sexual Offences Act 2012, Section 377 or 376AB of IPC, so also looking to the fact that the appellant was only nineteen years of age at the time of the incident and also the fact that there is no criminal history or past record of the appellant showing that such incidents took place even earlier, when we draw a balance sheet of aggravating and mitigating circumstances in the light of the judgment of Hon'ble Supreme Court in Machhi Singh and others Vs. State of Punjab reported in (1983) 3 SCC 470, we are of the considered opinion in the light of the judgment of Hon'ble Supreme Court in Machhi Singh (supra), life cannot be allowed to be taken as it cannot be said that a nineteen years old boy is beyond reform or is a hardened criminal.
23. The Division Bench of this Court in Criminal Appeal No. 2810 of 2019 (Ribu @ Akbar Khan Vs. State of M.P.) and connected matter i.e. Criminal Reference No. 03 of 2019 (In Reference Vs. Ribu @ Akbar Khan) in paragraph 82 has reproduced a chart for ready reference as below :- Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43
NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 14
1. (1994) 4 SCC 353 - 1. Ten murders taken Specter of death hanging Jashubha Bharat place in broad day light. over head of the accused for Singh Gohil v. State 2. Conscious of the more than six years.
of Gujrat. state shaken.
Offence-u/s 302 IPC 3. The manner in 12 which the murders were Persons tried for committed exposed its committing murder of gravity.
ten persons and 4. Unarmed and causing injuries to innocent persons, others. Trial Court returning after offering convicted the accused condolence. for life imprisonment and High Court enhanced the punishment to death sentence. Supreme Court commuted to Life Imprisonment.
Special reasons to be assigned u/s 354(3) Cr.P.C.
2. (1999) 3 SCC 19 - 1. Gruesome Act *Noticing the mentally Om Prakash v. State 2. Premediated and depressed condition, caused of well though by constant harassment and Haryana. murder dispute. Held not rarest of Offence- u/s 302/34 rare case, as this is not a IPC and Section 25 of crime committed because of the lust for wealth or woman;
Arms Act. The such as extortion, dacoity accused, who were the (sic : dacoity) or robbery nor neighbours of the even for lust and rape, it is deceased, entered into not an act of anti social the house from the element, kidnapping and rear door and fired at trafficking a minor girl or the deceased and his dealing in dangerous drugs family members to which affects the entire take revenge moral fibers of the society regarding the plot in and kills a number of dispute and dread persons, nor it is a crime anybody to confront committed for power or them at the risk of critical ambitions elimination. 7 persons or part of organized criminal murdered. activities.
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 15
3. (2001) 2 SCC 28 - 1. Age of the 1. No criminal Mohd. Chaman v. victim 1 ½ years. antecedents. State (NCT of Delhi). 2. Prey to lust of 2. No possibility of u/s 376,302 of the IPC. 30 years old continued threat to The father of the victim man in a the society or such; a was running a tailoring preplanned way. dangerous person factory near his house. 3. Killed in most that to spare his life The accused was revolting manner will endanger the esiding in the same arousing intense community.
house in a room and extreme
adjacent to the room of indignation of the
the victim's parents. community.
The accused sexually 4. An act of assaulted the victim extreme aged 1 ½ years bitten depravity and over the cheek, injuries arouses a sense of in vaginal wall, liver revolution in the lacerated with vertical mind of common deep laceration, in the man.
adjacent room from 5. Menace to the where the mother of society as it is a the victim picked up calculated and the victim in an cold-blooded unconscious state, who murder. was declared dead by the Doctor.
4. (2002) 3 SCC 76 - 1. The injuries 1. No evidence of any Lehna v. State of sustained by the diabolic planning to Haryana. Offence: u/s accused were of commit the crime. 302,458,324 IPC. The very serious 2. Deprived of the father of deceased and nature. livelihood on account accused had given 2 2. Three persons of of the land being acres of land to the the same family taken away. accused for the purpose died, who were 3. Frequency of of cultivation but the his own kith and quarrels indicates accused who was a kins. lack of any sinister person of bad habits planning to take tried to alienate the lives.
land that was given to 4. The factual scenario him by his father. gives impression of There was constant impulsive act and not quarrel between the a planned assault. family over the ancestral land and the accused assaulted the deceased and the family members and Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 16 three persons of the same family died.
5. (2002) 9 SCC 168 - 1. Meticulously 1. Quarrels and Vashram Narshi Bhai planned. continuous Rajpara v. State of 2. Brutal & a harassment. Gujrat. Offence : 302 gruesome act. 2. Constant nagging and 201 IPC. The well affected the accused, a fruit vendor mental balance and purchased a house and such sustained started living in the provocation. house with his family 3. No criminal consisting of his wife, background and not four daughters and a menace to the son aged 5 years. The society.
wife and the daughter 4. Mentally depressed of the accused did not condition of the like the house and accused.
started pressurizing him to sell and purchase another house. The accused purchased 5 litres of petrol in plastic can and kept in the kitchen.
The accused and his son slept on the terrace of the house and other members slept in the rear room on the ground floor. At about 3.00 am, the accused sprinkled the petrol on his wife and daughters and set them on fire, thereafter, the accused ran away from the room by closing the door from outside.
Brutal and cold-
blooded murder of his Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 17 wife and four daughters by setting them on fire.
6. (2003) 7 SCC 141 - 1. 21 persons 1. Incident was a sequel Ram Pal v. State of murdered by of murder of close U.P. gunshot injuries relative of accused Offence: or by burning in by the victims 302,307,436,440/ 149 latched houses. family. of IPC. The victim's 2. Young 2. Sufficient family was accused children were provocation. of having committed victims. 3. Spent 17 years in the murder of custody after the two of the close incident.
relatives of the accused family, who in turn murdered 21 persons including young children by gunshot injury or burning them in latched houses.
7. (2008) 13 SCC 767 - 1. Planned and Standardisation of Swamy cold-blooded sentence process Shraddanand @ murder. impossible and tends Murli Manohar 2. Motive behind to sacrifice justice at Mishra v. State of the crime. the altar of Karnataka. uniformity.
Offence u/s: 302,201 IPC.
The accused married the deceased who the crime.
came from a highly reputed and wealthy background. She was the grand daughter of a former Deewan of the Princely State of Mysore and held vast and very Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 18 valuable landed properties in her own right. The accused murdered his wife after giving heavy dose of sleeping pills and put her in a wooden box when she was alive, dug a pit, filled with earth and cemented the surface and covered with stone slab.
8. (2009) 6 SCC 498 - 1. Manner and 1. Deceased was friend Santosh Kumar method of not enemy of Satish Bariyar v. disposal of body accused. State of of 2. Motive to collect Maharashtra. deceased was money. Offence: u/s 302 IPC abhorrent. 3. Age of accused The accused, who 2. Most foul and 4. No criminal history were the friends of despicable case 5. Not professional the victim hatched a of killer. conspiracy to abduct murder. 6. All unemployed the victim for a searching jobs. ransom of Rs. 10 7. Reformation and lakhs from the rehabilitation. victim's family The accused called the victim to see a movie and after seeing the movie, a ransom call for a demand of Rs.
10 lakhs was made but with fear of being caught, they murdered the victim, cut the body into pieces and disposed it off at different places.
*Doctrine of Rehabilitation and weightage of mitigating circumstances. *Doctrine of Prudence in case of circumstantial evidence.
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 19
9. (2010) 9 SCC 747 - Accused belongs to a 1. Case of Santosh Kumar category with unlimited circumstantial Singh v. State power or even more evidence. through CBI. dangerously, volatile 2. Age of accused 24/25 Offence u/s: 302 & and heady cocktail of years. 376 IPC. Deceased two. 3. Motive and student of LLB 6th murder had been Semester was being proceeded by harassed and continuous intimidated by the harassment by the accused continuously, deceased over two thereupon, the years.
deceased made several complaints against the accused in different Police stations. On day of incident the deceased returned to her residence, where she was sexually assaulted and murdered by the accused. There were 19 injuries on the body, but no internal injury on private parts.
10. 2011) 3 SCC 685 - 1. Murder of gains 1. Accused not from Ramesh v. State of wealthy background. Rajasthan. 2. Criminal record 2. Motive was money. Offence u/s : 302, 3. Ramesh/ 3. Circumstantial 392,120-B, 201, 404, appellant inflicted evidence. 414, 457 & injuries on both the 4. Reformation and 460/34IPC. deceased. rehabilitation Accused Gordhanlal 5. Languishing in Death conspired with Cell for more than evidence. other six years.
accused persons trespassed into the house of deceased Ramlal by night and looted ornaments of gold and silver and murdered 2 persons.
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 20
11. (2011) 7 SCC 437 - 1. Brutal and 1. 2nd marriage of State of diabolic killing of 3 father. Maharashtra v. innocent family 2. Continuous quarrels Goraksha Ambaju members. for Adsul. Offence: u/s- 2. Manner in which division of 302,201 of IPC.The crime is property. accused who was committed is 3. Increase of serving in the of deplorable. pressure with property. Indian passage of time and Army, used to frustration.
demand partition of 4. Intensity of land and other bitterness between property for him and members of family had his brother from his exacerbated thought of father. He and his revenge and retaliation.
brother murdered 5.Continous
their father and 2 nagging.
family members. The
deceased were
administered
poisonous substance
in pedas then
strangulated with
shoe laces and placed
bodies in 2 trunks and
left them in the train,
which were found by
the Station Master
next day.
12. (2012) 4 SCC 257- 1. Crime has been 1. Age of all
Ramnaresh v. State committed accused.
of Chhattisgarh. brutally. 2. Since deceased was Offence:u/s- 449, 2. Accused mistress of brother of 376(2)(g) and 302/34 Ranjeet being Ranjeet, this may have IPC. brother-in-law of been matter of concern. One of the accused, deceased owed a 3. Possibility of death of brother-in law of the duty to protect deceased occurring co- deceased, along with rather than sexual incidentally as a result the other accused assault and murder of act committed on entered the house of along with his her, thus not caused deceased when her friends. intentionally. husband was away 3. Crime is heinous 4. Not criminals nor and committed rape committed incapable of being and murdered her. brutally. reformed cannot ne
4. Helplessness of terms menace. mother of two infant at the odd Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 21 night in absence of her husband.
Doctorine (sic : Doctrine) of Proportionality - The principle of proportion between the crime and the punishment is the principle of 'Just Deserts' that serves the foundation of every criminal sentence that is justifiable.
13. (2012) 5 SCC 766 - 1. Nature of 1. The accused can be Neel Kumar @Anil offence reformed or Kumar v. State of 2. Age of victim rehabilitated. Haryana 3. Relationship of 2. Not a continuous threat Offence: u/s- victim with to society.
376(2)(f), accused
302 & 201 IPC. 4. Gravity of
The accused, father injury.
of the deceased,
raped his own
daughter who was 4
years old and
murdered her. Cause
of death was
Asphyxia because of
throttling which was
antemortem in nature,
lacerated wound was
present in vagina
extended from anus
to urethral, opening
admitting 4 fingers.
Underlined muscles
and Ligaments were
exposed and anus was
also torn and on
dissection, uterus was
perforated in the
abdomen.
14. (2013) 2 SCC 452 - 1. Body of Seema was
Sangeet v. State burnt below the waist
of Haryana. with a view to
Offence u/s: destroy
302,307,148, evidence of
449 r/w 149 IPC. sexual assault.
Due to the belief that 2. No evidence of Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 22 the family of injured being professional Amardeep had killers. Rahul was performed black blown off by magic leading to firearm injury. death of son of Ramphal, Ramphal & 5 other accused killed 3 adults and 1 child aged 3 years. The 3 adults had bullet injuries other injuries by sharp edged weapon "kukri".
Body of Seema was burnt below the waist and upper part of head of child.
15. (2013) 2 SCC 713 - Extremely brutal, 1. Age of first accused GurvailSingh @ grotesque, diabolic. was 34 years and Gola v. State second was 22 years.
ofPunjab. 2. Unblemished
Offence- : u/s 302/34 antecedents
IPC 3. Property dispute
Accused and which
deceased were culminated into
member of same death of four persons.
family and 4. Reformation and
there was dispute rehabilitation.
with regard to
mutation of their
shares in their names,
since
property was not
mutated.
The accused persons
armed
with Datar, Kirpan
and Toka assaulted 4
persons of theirfamily
and murdered them.
R-R Test-
1. Depends on the perception of the society and not Judge-centric.
2. Looks into various factors:
1. Society's abhorrence.
2. Extreme indignation and antipathy to certain types of crime, like rape and murder of minor girls, especially intellectually challenged minor girls, minor girls with physical disability, old and infirm women with disabilities. Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43
NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 23
16. 2013) 5 SCC 546 - 1. Victim aged 11 1. Previous track Shankar Kisanrao years, innocent, record of accused. Khade v. State of defenceless and Maharashtra. having moderate 2. Other options are not Offence- u/s 363, intellectual unquestionably/ 366A, 376, 302, 201 disability. foreclosed.
IPC 2. The accused was
Gruesome murder of a fatherly figure of
a minor girl, aged 11 52 years, father of
years, with two children.
Intellectual Disability 3. Ghastly manner (moderate) after of execution of subjecting crime.
her to a series of acts 4. Ruthless crime as of rape by a middle per rape was aged, followed by strangulated and murder.
murdered 5. The action of the
her. The cause of accused was not
death was only inhuman but
Asphyxia due to also barbaric.
strangulation and 6. Shocks not only clear evidence of judicial carnal intercourse conscience but were there. the conscience of society.
7. Considered the age of accused reformation or rehabilitation is practically ruled out.
17. (2014) 4 SCC 69- 1. Offence u/s 377 1. No previous criminal Anil @ Anthony proved. history. Arikswamy Joseph 2. Murder was 2. Possibility of v. State of committed in reformation or Maharashtra. extremely brutal, rehabilitation the age Offence-u/s grotesque, of 42 years cannot be 302,377,201 IPC. diabolical and ruled out. Gruesome murder of dastardly manner. a minor boy, aged 10 3. Victim and years, who was innocent boy and staying with him only son of his from few days, after mother.
subjecting to carnal 4. Accused was in a intercourse and then dominating Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 24 strangulating him to position. death. 5. Life taken away in gruesome and barbaric manner, pricked not only the judicial conscience but also the conscience of the society.
18. (2014) 5 SCC 353- 1. Heinous crime. Accused aged 32 years.
Raj Kumar v. State 2. Innocent,
of M.P.. Offence: u/s defenceless and
376,450,302 IPC. helpless minor
The accused was the girl.
neighbour of the 3. Relationship of deceased and used to accused with call him 'Mama'. On family of the said night the deceased.
accused had taken 4. Shocked the liquor and meals in conscience of the house of the society.
deceased and around midnight he raped the deceased aged 14 years and murdered her. The hymen of the deceased was torn and blood was oozing out from her private parts, some blood was also present in he cavity of her uterus.
19. (2016) 9 SCC 675 - 1. Brutality. Accused was about 27 Tattu Lodhi @ 2. Helplessness of years and there was no Pancham Lodhi v. victim. material to negate the State of M.P.. 3. Unprovoked and chance of accused being Offence: u/s 366A, premeditated reformed and gaining 364, design of attack. maturity. 376(200/511,201 IPC.
The accused asked the victim to purchase and bring gutka for him, thereafter kidnapped and committed rape Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 25 of a minor girl, aged 7 year. The deceased put the dead body in a gunny bag and locked it in his house, with a view for destruction of evidence relating to the crime. The victim was throttled to death.
20. (2017) 4 SCC 393 - 1. Young age of Sunil v. State of accused.
M.P. 2. Can be reformed and Accused, 25 years rehabilitated. old taken his niece 3. Probability of not (victim) aged 4 years committing similar on pretext of taking crime.
her to the parents and 4. Not a threat to raped her and society.
murdered her.
21. 2018 SCC OnLine 1. Murder of 3 persons. 1. No evidence as to SC 2570 - Chhannu 2. Two of the Deceased uncommon nature of Lal Verma v. State and one of the injured offence or the of person were the women. improbability of Chhattisgarh. reformation or Offence-u/s rehabilitation of the 302,307,506(2) & accused has been 450 IPC. The adduced.
accused entered the 2. No analysis house of the undertaken by the High deceased and caused Court, whether, the fatal injuries to 3 person would be a threat members of the to society or whether not family. Thereafter, granting Death Penalty the accused entered would send a wrong another house and message to the society. inflicted grievous 3. No previous criminal injuries toone person. record apart from quittal in the case under Section 376 I.P.C.
4. Does not fulfil the test of Rarest of Rare case, where the alternative option is unquestionably Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 26 foreclosed.
5. Despite having lost all hope, yet no frustration has set on the accused as per the certificate given by the Superintendent of jail, his conduct in jail has been good.
Thus, goes on to show that, he is not beyond reform.
6. Without assistance of psychological/psychi atric assessment and evaluation it would not be proper to hold that, there is no possibility or probability of reform.
7. Procedural impropriety of not having a separate hearing for sentencing at the stage of trial. A bifurcated hearing in conviction and sentencing, a necessary condition.
22. 2019) 2 SCC 311 1. Dastardly nature 1. Young age Viran Gyanlal and manner of 2. Lack of criminal Rajput v. State of crime. antecedents. Maharashtra. 2. Youth and 3. Post incarceration Offence- u/s helplessness of conduct. 363,376, 302 the victim. 4. Not a menace to and 201 of IPC and society.
Section 10 and 4 of 5. Possibility of reform. POCSO Act.
The accused kidnapped the victim aged 13 years, raped her, murdered her by strangulation and buried her body in the field.
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 27
23. 2019 SCC OnLine Accused was out 1. Disappointed with SC 42 on bail in another the deceased, who he
- Yogendra @ case and has committed believed had deserted Joginder the crime. him.
Singh v. State of 2. Not a cold blooded M.P. murder.
Offence : u/s 302, 3. Intention was to 326A and 460 IPC. cause injury or The deceased was disfigurement, what married and had two was premeditated issues. The accused was injury not death. snug into the room of 4. No particular the deceased and depravity or brutality warned her that, as in the acts she doesn't want to live with him, he is not going to let her live neither anybody else and threw acid on her. When the other family members tried to save her, the accused threw acid on them, in the attack the deceased sustained 90% burn injuries and died and the other three members were disfigured and injured.
*There should be special reasons for sentencing to death. The term, 'Special Reasons' undoubtedly means, reasons that are, one of a special kind and not general reasons.
24. 2019 SCC OnLine Special Reasons" not SC 43 - Nand assigned by the High Kishore v. State of Court within the meaning M.P. Offence: u/s of section 354(3) Cr.P.C.
302, 363, 366, to
367(2)(i) IPC. impose death penalty on
The accused took the accused.
away the
deceased aged 8
years from the
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 16-10-2025
12:59:43
NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 28 'Mela' and committed rape and murdered her in a barbaric manner.
Both legs of the deceased were fractured. Several injuries on the private parts of the deceased inflicted by the accused due to which the intestine had come out. The headless body of the Deceased was recovered.
*Para 14, Ratio of Mukesh v. State of (NCT of Delhi)
25. 2019 SCC OnLine 1. Murder 1. Murder not planned SC 81-Raju involves 2. Accused young man Jagdish Paswan v. exceptional aged 22 years. State of depravity. 3. No evidence Maharashtra. 2. Manner of produced by Offence: u/s 302, commission of prosecution that the 376(2)(f) and 201 crime is accused had the IPC extremely propensity of The accused brutal. committing further dragged the victim crimes, causing aged 9-year-old into continuity of threat to the sugarcane field, society. forcibly raped her 4. The state did not and threw her in the bring on record any well. The cause of evidence to show that death was drowning the accused cannot and there was be reformed and evidence of vaginal rehabilitated. as well as anal intercourse.
26. 2019 SCC OnLine 1. Heinous 1. Case rests on SC 363 -Sachine offence in a circumstantial Kumar Singraha v. premeditated evidence. State of M.P. manner. 2. Probability of Offence : u/s 363, 2. False pretext reformation. 376A, 302, 201-11 given to the 3. Absence of prior IPC & Section uncle of victim offending history. 5(i)(m) r/w Section 6 to gain custody 4. His overall conduct.
of POCSO Act. of Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 29 The accused was the victim.
owner and driver of 3. Abused faith. the vehicle in which 4. Exploited the he had taken the innocence and victim aged 5 years helplessness of to the school, from the child.
the custody of her uncle on the false pretext of going along with her to school as he had to pay fees of his daughter.
Thereafter, the victim was raped and murdered and body was found in the well with only an underwear.
27. Criminal Appeal 1. Age of accused at the No. time of commission 1411/2018- of offence was 22 Dhyaneshwar years.
Suresh Borkar v. 2. Spent 18 years in jail. State of 3. While in jail, his Maharashtra. conduct was good. Offence-u/s 302, 364, 4. Tried to join the 201,34 IPC society and has tried Accused killed a to become a civilised minor child. man, completed his graduation from jail.
He has tried to become reformative.
5. Written poems from jail. It appears he has realized his mistake.
24. A three Judge Bench of Hon'ble Supreme Court in Criminal Appeal Nos. 877-878 of 2020 (Ramesh A. Naika Vs. The Registrar General, High Court of Karnataka Etc.) has summarized the law laid down on this point in paragraph 15 in tabular form, which is reproduced below :-
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 30 PART - I WHEREIN DEATH PENALTY WAS COMMUTED TO LIFE SENTENCE WITHOUT REMISSION FOR THE REMAINDER OF THE CONVICT'S LIFE S. Case Details JJ. Brief Facts Reasons for No. Commuting Sentence
1. Swamy Appellant killed wife • The manner of Shraddana- 3 who was the committing murder nda (2) granddaughter of a did not cause any v. Dewan. mental or physical State of Subsequently, he sold pain to the victim.
Karnataka off her properties and • Appellant confessed (2008)13 was absconding. his guilt before the SCC 767 High Court. @54
2. Sebastian Appellant kidnapped a • Appellant was 24- v. 2- years-old girl from years-old at the time State of her house, committed of the incident.
Kerala 2 rape on her and then
(2010) 1 murdered her.
SCC 58
3. B. Kumar Appellant worked as a • Appellant's motive
v. mason in the house of was not to commit
Inspector the victims. murder but to
of Police He committed rape on a commit rape on the
(2015) 2 woman, murdered a boy prosecutrix. @18
SCC 346 3 whom he had tied; being • No possibility of him
an eyewitness to the act having committed
of rape, and further any another offence
injured an eyewitness to since he was
the murder. apprehended 6 years
after the incident.
@21
4. 'X' Appellant murdered two Appellant suffering
v. minor girls after from severe mental
State of committing rape on illness since 1994, i.e.,
Maharashtra 3 them. post-conviction, during
(2019) 7 The deceased victims his long incarceration as
SCC 1 were the Appellant's a death row convict,
neighbour. i.e., 17 years. @74
5. Sudam Petitioner murdered his •Nature of circumstantial
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 16-10-2025
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NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 31 v. wife, his two children evidence is a mitigating State of and the two children factor in the instant Maharasht 3 from his wife's case. @21 ra, extramarital affair. • No medical evidence (2019) 9 to show that SCC 388 Petitioner had crushed the face of deceased to avoid identification. @16
6. Ravishank Appellant kidnapped a • Key witness made ar 13-year-old girl. contradictory v. Thereafter, he statement State of committed rape on her M.P. and murdered her by 3 (2019) 9 throttling.
SCC 689 Subsequently, he
destroyed evidence by
throwing her half-naked
body in a dry well.
7. Vijay Appellant murdered 3 • No criminal
Kumar minor children and antecedents.
v. caused injury to the • Not a professional
State of remaining minor child killer. @12
J&K 3 and their father.
(2019) 12
SCC 791
8. Rajendra Appellant committed Prosecution failed to
Pralhadrao rape and murder of a 3- produce available
Wasnik year-old girl. DNA evidence and
v. other material evidence
State of 3 before the Trial Court.
Maharasht @57
ra Possibility of
(2019) 12 reformation and
SCC 460 rehabilitation not
courts. @79
9. Mohd. Petitioner-accused was a • Legal aid provided
Mannan mason working at the to
v. house of an 8-year- old him was inadequate.
State of girl. He kidnapped, @ 38
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 16-10-2025
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NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 32 Bihar raped • No opportunity given (2019) 16 and murdered the child. to the Petitioner to SCC 584 illustrate mitigating Case is based on factors. @ 39 3 circumstantial evidence • No evidence showing and alleged extra- murder was judicial confession premeditated. @47 made by the Petitioner. • No DNA analysis of @57 the sperm found on the victim's body conducted by the prosecution. @53 • Psychiatrist report shows possibility of neurological and/or mental health issues.
@68 • Post conviction mental health of the Petitioner a relevant consideration. @84
10. Dattatraya Appellant is a 50-year- • No evidence to show v. old man who committed that Appellant took State of rape on a 5-year-old girl victim to his Maharasht- which resulted in her residence. @114 ra death. • No evidence to show (2020) 14 3 that murder was SCC 290 intended or premeditated.
Appellant did not carry any weapon.
• Possibility of the Appellant being unaware that sexual assault would result in death cannot be ruled out. @123 • Legal assistance to the Appellant ineffective. @129 Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43 NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 33 • Question of reform not considered by the Trial Court.
@130
11. Jagdish Petitioner murdered his • Petitioner in custody v. wife and five children. since 14 years.
State of 3 • Unexplained delay of
M.P., 4 years in
(2020) 14 forwarding
SCC 156 the mercy petition
by
State. @12
12. Rabbu Appellant committed • Appellant brought up
v. rape on a minor girl and by single father,
State of set her on fire, thereby comes from a
M.P., 3 killing her. backward socio-
2024 SCC economic stratum of
OnLine SC society, was 22-
2933 year- old at the time
of incident, has no
criminal antecedents
and possibility of
reform cannot be
ruled out. @15-16
13. Deen Dayal Appellant murdered his • Absence of previous
Tiwari wife and four minor criminal
v. daughters with an axe. antecedents.
State of • Appellant's behavior
U.P. 3 in custody has been
2025 SCC "satisfactory" and
OnLine SC "normal," noting
237 that he has been
performing assigned
duties without any
adverse conduct.
• Nothing on record
suggests that the
appellant Appellant
is incapable of
rehabilitation. @20
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 16-10-2025
12:59:43
NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 34
25. When these facts are taken into consideration, then we are of the considered opinion that the sentence under Section 302 of IPC needs to be modified and is hereby modified from one of Death Penalty to that of Life Imprisonment.
26. Accordingly, criminal appeal filed by the appellant is allowed in part and the criminal reference is answered in the following manner: -
(i) The conviction of the appellant for offences under Sections 302, 201 and 450 of IPC is upheld and the sentences awarded to him are confirmed, except the death sentence for the offence under Section 302 IPC.
(ii) The death sentence awarded to the appellant for offence under Section 302 IPC is commuted into that of imprisonment for life.
(iii) The appellant is acquitted of the charges of offence under Sections 376AB, 377 of IPC, so also under Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.
(iii) All the sentences to run concurrently.
Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 16-10-2025 12:59:43
NEUTRAL CITATION NO. 2025:MPHC-JBP:50923 CRRFC No.6 of 2024 & CRA No.12363 of 2024 35
27. In above terms, the criminal appeal filed by the appellant is allowed in part and the criminal reference is answered accordingly. The case property be disposed off in terms of the judgment of the trial Court. Record of the trial Court be sent back. Pending application(s), if any, also stand disposed of.
28. Before parting with the judgment, we deem it appropriate to place on record our appreciation for the sincere effort and diligent assistance rendered by two young lawyers, namely, Ms. Kriti Jain and Ms. Renu Tiwari.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 16-10-2025
12:59:43