In Govindasami v. State of Tamil Nadu, (1998) 4
SCC 531, the accused committed five murders for which he
was acquitted by the Trial Court but convicted and
sentenced to death by the High Court. This Court in
appeal confirmed the sentence and held, that, the brutal
manner of wiping out the entire family of his uncle
(except one son studying in Coimbatore escaping) by
appellant to grab his properties shocks judicial
conscience and no lesser sentence is appropriate.
In the case of Govindasami vs. State of Tamil Nadu, reported in AIR 1998 SC 2889, the accused was convicted for the offence under sec. 302 for grabbing properties. No mitigating circumstance was pointed out.
The decision of the Supreme Court rendered in the case of Govindasami v. State of Tamil Nadu, also warrants that death sentence of appellant Prakash Patil should be confirmed.
The learned Additional Public Prosecutor also relied on the reported decision in Govindasami v. State of Tamil Nadu . This case was from our High Court only, wherein initially all the accused stood acquitted by the Sessions Judge. However, the High Court allowed the Appeal against acquittal and convicted the accused and awarded death sentence to him. The Supreme Court has also upheld the said death sentence. The learned Additional Public Prosecutor very heavily relied upon this case to suggest in support of his contention for grant of death sentence on the accused. We are not in agreement. As a matter of fact, the facts in this case are quite different. In the first place, there were as many as five murders and the entire family was done to death. Again, the act in this case on the part of the accused was proved to be a premeditated and was not on account of the provocation in contradistinction from the present case. The reliance on this ruling is, therefore, uncalled for.
In Govindaswami v. State
of T.N.(1998) 4 SCC 531, Mukherjee, J. speaking for the Court
observed, “If, in spite thereof, we commute the death sentence to life
imprisonment we will be yielding to spasmodic sentiment, unregulated
benevolence and misplaced sympathy.”
In Govindasami vs. State of
Tamil Nadu (JT (1998) 3 260 ] Mukherjee,J. speaking for the
court observed, "If, inspite thereof, we commute the death
sentence to life imprisonment we will be yielding to
spasmodic sentiment, unregulated benevolence and misplaced
sympathy".
In
Govindasami vs. State of Tamil Nadu [(JT (1998) 3 260]
Mukherjee, J. speaking for the court observed, " if, inspite
thereof, we commute the death sentence to life imprisonment
4
we will be yielding to spasmodic sentiment, unregulated
benevolence and misplaced sympathy".