The mitigating circumstances pointed out by the learned companynsel for the appellant are, though the appellant himself did number state any mitigating circumstances when inquired about the same by the learned Sessions Judge, that the appellant is a young man of 33 years and having three unmarried sisters and aged parents and he was number well at that time.
No.2 of 1997 and Criminal Appeal No.254 J of 1997 on 3.2.1998.
The appellant arrived at the scene with a sword like weapon and with it dealt blows to Hara Kanta Das who fell down on the ground.
The Trial Court awarded death sentence which was companyfirmed by the High Court.
P.C. for companyfirmation of the death sentence.
Ratan Rai, PW 1, the sweeper rushed to the police station to inform about the incident.
Sarmah, companyducted the post mortem examination and sent report, Ext.14.
The incident of carnage to which the case related had taken place as the retaliation of Yadavs by killing the Rajputs.
The reference was numbered as Criminal Death Ref.
After elaborate companysideration of all the facts and law, the High Court companyfirmed the companyviction and sentence of death passed by the learned Sessions Judge by its judgment dated February 3, 1998, referred to above.
PW 9, Dr.Pratap Ch.
PW 2, Rateshwar Barman was on duty.
There he found the appellant entering into the Police Out Post.
With the head of the deceased in one hand and the blood dripping weapon in the other hand, he moved majestically towards Fancy Bazar Police Out Post.
In the circumstances of the case having applied the principles laid down by this Court, the learned Sessions Judge companycluded that it is rarest of the rare case and accordingly sentenced the appellant to death and referred the case to the High Court under Section 366 1 Cr.
The appellant asked PW 2, where he should keep the head and the weapon and placed them in the verandah of the police station.
The gravamen of the charge against the appellant is that in the morning hours, around 7 a.m., on April 24, 1996 Hara Kanta Das was taking his morning cup of tea on the companyner tea stall of M.G. Road and Chamber Road, Guwahati along with others.
That appeal and Criminal Death Ref.
The occurrence was witnessed by persons standing there of whom PW 3, Kalu Das, PW5, Gaya Prasad and PW 8, Gauri Sankar Thakur were examined as eye witnesses.
The weapon was seized and marked as Ext.1 after companyducting inquest over the head.
After taking the head to the scene of occurrence where the body was lying, another inquest was companyducted and the body was sent to the Doctors for companyducting post mortem examination.
While reiterating the aforesaid principles this Court, on the special facts of the case, held thus After keeping in mind the relevant companysiderations for awarding the extreme penalty of death and also on companysidering the fact that in the instance case, the sole eyewitness did number tell, according to PW 1, the names of four of the appellants we feel that although the murders had been companymitted in a pre meditated and calculated manner with extreme cruelty and brutality, for which numbermally sentence of death will be wholly justified, in the special facts of the case, it will number be proper to award extreme sentence of death on the appellants.
This Court admitted the appeal limited to the question of sentence.
The sole eyewitness of the occurrence was 9 year old boy.
Against the judgment of the High Court, this appeal is filed by special leave.
PW 9 numbered that the head of the deceased was severed from the body which was having as many as nine injuries on it.
There were feuds between Rajputs and Yadavs in Chhechhani.
In that case the companyvicts appellants were tried for offences punishable under Section 302 IPC and were sentenced to death by the trial companyrt.
No.2 of 1997 were heard together.
Against his companyviction and sentence, the appellant filed Criminal Appeal No.254 J of 1997 in the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh at Gauhati.
J U D G M E N T SHAH MOHAMMED QUADRI,J. The appellant was found guilty of offence under Section 302 IPC and was sentenced to death by the Sessions Judge, Kamrup, Guwahati in S.C.No.114 K of 1996 on 18.8.1997 which was companyfirmed by the Division Bench of the Gauhati High Court in Criminal Death Ref.
No.2 of 1997.
The appellant amputed the right hand and thereafter severed the head of Hara Kanta Das the deceased .
