Jharkhand High Court
The State Of Jharkhand vs Gango Das on 28 April, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
Neutral Citation No. ( 2025:JHHC:13000-DB )
(Against the judgment and order of conviction and sentence
dated 07.10.2024 (sentence passed on 08.10.2024) passed by
Sri Rakesh Chandra, learned Additional Sessions Judge-II,
Koderma in S.T. No. 31/2020.)
.............
Death Reference No. 02 of 2024
The State of Jharkhand ... Appellant
Versus
Gango Das, S/o Late Chhotan Das, R/o Vill- Masmohna
(Harijan Tola), P.S. Nawalsahi, Dist.- Koderma.
... Respondent
With
Criminal Appeal (DB) No. 1397 of 2024
Gango Das, S/o Late Chhotan Das, R/o Vill- Masmohna
(Harijan Tola), P.S. Nawalsahi, Dist.- Koderma.
... Appellant
Versus
The State of Jharkhand ... Respondent
----
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE ARUN KUMAR RAI
----
In D. Ref. No. 2 of 2024
For the State : Mr. Vishwanath Roy, Spl. P.P.
For the Convict : Mr. Atanu Banerjee, Adv.
In Cr. Appeal (DB) No. 1397 of 2024
For the Appellant : Mr. Atanu Banerjee, Adv.
For the Resp. : Mr. Vishwanath Roy, Spl. P.P.
----
CAV on : 28/11/2024 Pronounced on : 28/04/2025
Per Rongon Mukhopadhyay, J. :
1. Heard Mr. Atanu Banerjee, learned counsel for the convict-
appellant and Mr. Vishwanath Roy, learned Special P.P. for the
State.
2. This appeal is directed against the judgment and order of
conviction and sentence dated 07.10.2024 (sentence passed on
08.10.2024) passed by Sri Rakesh Chandra, learned Additional
Sessions Judge-III, Koderma in S.T. No. 31/2020 whereby and
whereunder, the appellant has been convicted for the offence
Neutral Citation No. ( 2025:JHHC:13000-DB )
punishable under Section 302 IPC and has been sentenced to
death along with a fine of Rs. 10,000./-
3. The prosecution case arises out of the written report of
Madan Das, in which it has been stated that on 26.11.2019, the
informant after having dinner went to sleep, while Gango Das
(appellant), who was the neighbour of the informant, along with
his wife and two children also went to sleep. The mother of Gango
Das, namely, Shanti Devi was sleeping in the veranda along with
her granddaughters Nitika Kumari and Chandni Kumari. It has
been alleged that Gango Das did not do any work and always
used to be in an intoxicated condition. Whenever the wife of
Gango Das asked him to do some work, Gango Das used to abuse
and assault her. On 27.11.2019 at 2:45AM, there was a quarrel
between Gango Das and his wife and in course of such quarrel,
Gango Das with a lathi and a knife committed assault upon his
wife and children as a result of which all three became injured
and both the children succumbed to such assault. It has been
alleged that on the alarm raised by Sheela Devi, the mother of
Gango Das came out to save her daughter-in-law at which Gango
Das committed assault with rod and knife upon Shanti Devi and
Nitika Kumari as well as Chandni Kumari and all three of them
became injured. On account of the commotion, several persons
assembled and the ambulance was also informed. Gango Das, in
order to save himself, entered into an adjoining room and locked
it from inside. The injured were sent by the Police to the hospital
where in course of treatment, Sheela Devi, Shanti Devi and Nitika
Kumari died and Chandni Kumari was sent to RIMS, Ranchi for
better treatment. The body of Piyush Kumar and Radhika
Kumari were sent to Sadar Hospital, Koderma for conducting
post-mortem. The accused Gango Das was arrested by the Police
from inside the house.
Based on the aforesaid allegations, Nawalsahi P.S. Case No.
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86/2019 was instituted against Gango Das for the offences
punishable under Section 307/302 IPC. On completion of
investigation, charge sheet was submitted and after cognizance
was taken, the case was committed to the Court of Sessions,
where it was registered as S.T. No. 31/2020. Charge was framed
against the accused under Section 302 and 307 IPC which was
read over and explained to him in Hindi to which he pleaded not
guilty and claimed to be tried.
4. The prosecution has examined as many as ten witnesses in
support of its case:
P.W.1 Chandni Kumari has stated that the incident had
occurred at 2:45AM on 26/27.11.2019 when her uncle Gango
Das, after having liquor, started making a commotion as he
wanted the door to be opened. When her grandmother got up and
opened the door, Gango Das assaulted her grandmother with an
iron rod on her head and her grandmother fell down on the
ground. When she went to the rescue of her grandmother, she
was caught hold of her neck and thrown aside as a result of
which she became unconscious. In the night, there was an
altercation between her uncle and aunt and Gango Das had
committed assault with an iron rod upon her aunt and her two
cousins Radhika Kumari and Piyush Kumar and both died at the
place of occurrence itself. Her aunt was pregnant at the time of
the incident. When she regained her senses, she came to know
that her sister Nitika Kumari has died. Her aunt and
grandmother died during the course of treatment. When the
Police had come, her statement was recorded.
In cross-examination, she has deposed that it was Gango
Das who had committed the assault. At the time of the incident,
she was in her house.
P.W.2 Sunita Devi has stated that she was in her room
with her husband and children and her two daughters were
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sleeping in another room with their grandmother. She and her
mother had heard about an altercation from the room of Gango
Das at which, she woke up her husband and both went near the
door of the room of Gango Das and saw that Gango Das had
assaulted and injured his wife Sheela Devi and two children
Piyush Kumar aged two years and Radhika Kumari aged four
years. The reason for the altercation was the insistence on the
part of Sheela Devi for Gango Das to do some work. Gango Das
had committed assault upon his wife and children with iron rod
and knife. Both the children died. On hearing the cry of alarm,
her mother-in-law had rushed out to save Sheela Devi at which
Gango Das committed assault upon her mother-in-law and her
two children Chandni Kumari and Nitika Kumari. On hearing the
commotion, persons from the locality had assembled, who had
called an ambulance and made efforts to save the injured. By
that time Gango Das had locked himself up in a room. On getting
the information about the incident, the Police arrived and had
sent the injured to the hospital. In course of treatment, Sheela
Devi, Shanti Devi and her daughter Nitika Kumari died, while
Chandni Kumari was referred to RIMS, Ranchi for better
treatment. At the time of the incident, Sheela Devi was pregnant.
In cross-examination, she has deposed that at the time of
the incident, she was in another room. It was dark when the
incident had occurred and nothing was visible. The incident had
occurred inside the room. She had not seen the occurrence as
she was at that time in another room.
P.W.3 Bijju Das has stated that he and his co-villager, on
hearing a commotion, had gone to the house of Gango Das where
he saw Gango Das having injured Shanti Devi, Sheela Devi,
Piyush Kumar, Radhika Kumari, Nitika Kumari and Chandni
Kumari with knife and iron rod. He came to know from others
that Gango Das, after having his meals, had gone to sleep in his
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room with his wife Sheela Devi, son Piyush Kumar and daughter
Radhika Kumari while the mother of Gango Das, namely, Shanti
Devi was sleeping in the veranda with her granddaughters Nitika
Kumari and Chandni Kumari. On 27.11.2019 at 2:45AM, some
abuses had taken place at which Gango Das had committed
assault upon his wife and children with rod and knife. Both the
children died at the spot and when Shanti Devi on hearing the
cry of alarm of Sheela Devi had come, Gango Das had assaulted
her and his nieces with knife injuring them. The villagers had
called for an ambulance and had sent the injured to the hospital.
Gango Das had closed the door from inside. The Police had come
on information and had arrested Gango Das.
In cross-examination he has deposed that he had not seen
the occurrence. He has given his evidence in Court based on what
he had heard.
P.W.4 Yamuna Das has stated that the incident is of
26.11.2019 at 2:45AM and he was sleeping in his house along
with his wife Sheela Devi and son Piyush Kumar. At that time,
his mother Shanti Devi, daughter Nitika Kumari and Chandni
Kumari were also sleeping in the house of Gango Das. When he
heard a cry of alarm at 2.45 am, he went to the house of Gango
Das who did not open the door. He started banging on the door
which opened all of a sudden and as he entered the house, he
found his mother lying on the ground in a pool of blood. The wife
and children of Gango Das were found lying in a pool of blood in
the courtyard. The wife of Gango Das was pregnant at the time
of the assault. His mother in an injured condition had disclosed
that Gango Das had started abusing his wife Sheela Devi on
27.11.2019 at 2:45AM and during such abuse, Gango Das had
committed assault upon all the injured with knife and iron rod.
The villagers had called an ambulance and the injured were
taken to Sadar Hospital, Koderma where the doctors declared
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Sheela Devi, Piyush Kumar, Radhika Kumari, Nitika Kumari and
Shanti Devi dead. Chandni Kumari was referred to Ranchi for
better treatment. Chandni Kumari is still not mentally stable.
The Police had arrested Gango Das from his house.
In cross-examination he has deposed that he had not seen
the occurrence. He has thereafter, stated that he had seen the
occurrence after he had opened the gate. He had forcibly opened
the gate and the incident had taken place prior to the same.
P.W.5 Anil Das has stated that in the night of 26.11.2019,
he was sleeping in his house after having his meals when he
heard a cry of alarm from the house of Gango Das and when he
went out to the house of Gango Das, he saw Radhika Kumari,
and Piyush Kumar lying dead in a pool of blood. He had come to
know at the place of occurrence that Gango Das had assaulted
his wife and two children with rod and knife and when Shanti
Devi, Chandni Kumari and Nitika Kumari tried to save them,
Gango Das had also assaulted them. Shanti Devi, Sheela Devi,
Chandni Kumari and Nitika Kumari were taken for treatment in
an ambulance to Sadar Hospital, Koderma where in course of
treatment, Shanti Devi, Sheela Devi and Nitika Kumari died.
Chandni Kumari was referred to RIMS, Ranchi for better
treatment.
In cross-examination, he has deposed that at the time of
the incident, he was in his house sleeping. The incident had not
occurred in his presence. His statement was never recorded by
the Police.
P.W.6 Madan Das (informant) is the informant who has
stated that due to the assault committed by Gango Das, six
persons had died. In the morning, there was an alarm and
thereafter, he came to know about the incident. He has proved
his written report which has been marked as Exhibit-P1/PW6.
In cross-examination, he has deposed that he does not
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know who had scribed the written report. He had not seen the
assault.
P.W.7 Dr. Abhishek Kumar was posted as a Medical Officer
at Sadar Hospital, Koderma and on 27.11.2019, he had
conducted autopsy on the dead body of Nitika Kumari and had
found the following:
A. External Injuries:
(i) Swelling in periorbital area, abrasion
in face on left side lacerated wound on
b/l parieto occipital area and of skull
bone.
B. Internal Examination:
(i) Head- skull- on skull bone parieto
occipital area, Meanings meningeal
spaces and cerebral vessels- orbital,
nasal, aural cavities.
(ii) Neck- mouth, tongue and pharynx-
NAD, larynx & Vocal cords- NAD,
Condition of neck tissues- NAD,
Thyroid & other cartilage- NAD.
(iii) Chest- ribs and chest wall- NAD,
lungs findings & Wt.- Rt. Pale & Lt.
Pale., pericardial sac- empty, heart
findings @ Wt.-do, large blood vessels-
do.
(iv) Abdomen- Condition of abdominal
wall- NAD, peritoneum & peritoneal
cavity stomach- weight NAD and filled
with 20g semi digested food, small
intestine including appendix- gaseous
distension, large intestine &
mesenteric vessels- fill with gas, liver
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including gall blader- pale, spleen- wt.
pale, pancreas- pale, kidneys- both
pale, bladder and urethra- empty,
pelvic cavity tissues- NAD, pelvic
bones- NAD.
The cause of death was opined to be on account of cardio-
pulmonary arrest due to assault, hypovolemic shock. He has
proved the post mortem report which has been marked as
Exhibit- P2/PW7.
In cross-examination, he has deposed that abrasion may
have been caused due to falling down and it is not mentioned in
the post-mortem report from which weapon the death was
caused.
P.W.8 Dr. Ashish Kumar was posted as a Medical Officer
at Sadar Hospital, Koderma and on 27.11.2019, he had
conducted autopsy on the dead body of Shanti Devi and had
found the following:
A. External Injuries:
Two lacerated wound in parietal area, 1 is of
7 cm in length, 2nd 5 cm in length and
parietal bone Right side.
B. Internal Examination :
i. Head Skull on skull bone parieto bone right
side and a lacerated wound in right side of
parietal area. Meanings meningeal spaces &
Cerebral vessels Orbital, Nasal, Aural
cavities.
ii. Neck:
Mouth, Tongue & Pharynx - NAD
Larynx & Vocal Cords - NAD
Condition of neck tissues - NAD
Thyroid & other cartilage conditions -
NAD
iii. Chest:
Ribs and chest wall - NAD
Pleural Cavities - R-L-
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Lungs findings & Wt. - Rt. Pale & Lt.
Pale.
Pericardial Sac. - Empty.
Heart findings @ Wt. - do
Large blood vessels - do.
iv. Abdomen:
Condition of abdominal Wall - NAD
Peritoneum & Peritoneal cavity - NAD
Stomach (Wall condition, contents &
smell)- (Weight 150 ml of digested food
present).
Small intestines including appendix -
Gaseous distension.
Large intestines & Mesentric vessels -
Fill with gas.
Liver including gall bladder - Pale.
Spleen Wt. Pale.
Pancreas Pale.
Kidneys - Rt. Pale, Lt. Pale.
Bladder & Urethra - Empty.
Pelvic cavity tissues - NAD.
Pelvic Bones- NAD.
The cause of death was opined to be on account of
cardiopulmonary arrest due to assault and hypovolemic shock.
The post-mortem report has been proved and marked as Exhibit-
P3/PW8.
On the same day, he had conducted post-mortem on the
dead body of Radhika Kumari and had found the following:
A. External Injuries:
1. A deep sharp cut wound on right parietal
region 3 cm x 4 cm x 7 cm deep and 2.A
sharp cut wound on Occitipal parietal region
of left portion of skull.
B. Internal Examination:
i. Head:
Skull- 1. A deep sharp cut wound on
right parietal region 3 cm x 4 cm x 7 cm
deep and 2.A sharp cut wound on
Occipital parietal region of left portion
of skull. Meanings meningeal spaces &
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Cerebral vessels - Orbital, Nasal, Aural
cavities -
ii. Neck:
Mouth, Tongue & Pharynx - NAD
Larynx & Vocal Cords - NAD
Condition of neck tissues - NAD
iii. Chest:
Ribs and chest wall NAD
Pleural Cavities - R- L-
Lungs findings & Wt. - Rt. Pale & Lt.
Pale.
Pericardial Sac. - Empty.
Heart findings @ Wt. -do
Large blood vessels - do.
iv. Abdomen:
Condition of abdominal Wall - NAD
Peritoneum & Peritoneal cavity - NAD
Stomach (Wall condition, contents &
smell)- (Digested food material of
volume 60 ml approx.).
Small intestines including appendix -
Gaseous distension.
Large intestines & Mesentric vessels -
do
Liver including gall bladder - Pale.
Spleen - Wt. Pale.
Pancreas Pale.
Kidneys - Rt. Pale, Lt. Pale.
Bladder & Urethra - Empty.
Pelvic cavity tissues - NAD.
Pelvic Bones- NAD.
The cause of death was opined to be on account of
cardiorespiratory arrest due to haemorrhagic shock. He has
proved the post-mortem report which has been marked as
Exhibit-P4/PW8.
On the same day, he had conducted autopsy on the dead
body of Sheela Devi and had found the following:
B. External Injuries:
1. sharp cut wound near left ear,
2. A sharp cut wound on left upper face
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starting from frontal region going upper
mendable size approx. 3cm * 2cm * 5 cm,
3. Sharp cut wound near left angle of mouth
size 2cm * 2cm * 1 / 2 cm,
4. Sharp cut at lower jaw 1cm * 1cm * 1/2
cm,
5. Sharp cut at left breast 2cm * 2cm * 1/2
cm,
6. Sharp cut wound on epi gasetigastrium
2cm * 2cm * 2 cm and 3 cm x 2cm * 4 cm
woumentum,
7. Sharp cut wound on medial fore arm 3 cm
* 2cm * 1/2 cm,
8.Two sharp cut wound on left forearm 2cm
* 2cm each.
C. Internal Examination :
i. Head:
Scalp findings On paniceal bone right
side and a lacerated wound in right
side of parietal area. Skull- Meanings
meningeal spaces & Cerebral vessels
Orbital, Nasal, Aural cavities -
ii. Neck:
Mouth, Tongue & Pharynx - NAD
Larynx & Vocal Cords - NAD
Condition of neck tissues - NAD
Thyroid & other cartilage conditions -
NAD
iii. Chest:
Ribs and chest wall Blood in right
thoracic cavity.
Pleural Cavities - R- L-
Lungs findings & Wt. - Rt. Pale & Lt.
Pale.
Pericardial Sac. - Empty.
Heart findings @ Wt. - do
Large blood vessels - do.
iv. Abdomen:
Condition of abdominal Wall - NAD
Peritoneum & Peritoneal cavity- NAD
Stomach (Wall condition, contents &
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smell)- (Weight 150 ml. of found
present gms).
Small intestines including appendix -
Gas and faecal material.
Large intestines & Mesentric vessels -
do
The cause of death was opined to be on account of
cardiorespiratory arrest due to hemorrhagic shock. The post-
mortem report has been proved and marked as Exhibit-P5/PW8.
The autopsy of Piyush Kumar was also carried out on the
same day and the following were detected:
A. External Injuries:
A deep sharp cut on the junction of neck and
lower jaw i.e. damage of Trachea, muscles and
Artery (Carotid) size 4 cm x 1.5 cm x 5 cm deep.
B. Internal Examination :
i. Head:
Skull Hemorrhagic and its location,
abnormal smell etc. be noted),
Meanings meningeal spaces &
Cerebral vessels Orbital, Nasal, Aural
cavities -
ii. Neck:
Mouth, Tongue & Pharynx - NAD
Larynx & Vocal Cords - NAD
Condition of neck tissues -Damage pale
muscle cut in two parts.
Thyroid & other cartilage conditions -
iii. Chest:
Ribs and chest wall - NAD
Pleural Cavities - R-L-
Lungs findings & Wt. - Rt. Pale & Lt.
Pale.
Pericardial Sac. - Empty.
Heart findings @ Wt. - do
Liver including gall bladder Pale.
Spleen Wt. Pale.
Pancreas Pale.
Kidneys - Rt. Pale, Lt. Pale.
Bladder & Urethra - Empty.
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Pelvic cavity tissues - NAD.
Pelvic Bones- NAD.
The cause of death was opined to be due to
cardiorespiratory arrest on account of haemorrhagic shock. The
post-mortem report has been proved and marked as Exhibit-
P6/PW8.
In cross-examination, he has stated that he has not
mentioned the name of weapon as there was no column
prescribed in the post-mortem report.
P.W.9 Shyam Lal Yadav was posted as an Officer-in-
Charge of Nawalsahi P.S. and on 27.11.2019 at 2:00AM, he
received an information that at Masmohan village, Gango Das
had assaulted and injured his family members. After making a
station diary entry, he had informed the patrolling party, who
reverted back by informing that two persons have died and six
others injured. He had thereafter left for the place of occurrence
along with armed forces. The place of occurrence is the house of
Gango Das which has a courtyard and on the eastern side, two
rooms are built. There was a large pool of blood in the courtyard
as well as in the rooms. The persons who had assembled had
disclosed that Gango Das has locked himself in a room and was
shouting. The accused, by dangling a carrot, was enticed from
the room. In the same room, a blood-stained rod and a blood-
stained knife, a blood-stained gamcha, mosquito net, a jacket of
a child and the jacket worn by the accused were seized and a
seizure list was prepared which has been marked as Exhibit-
P7/PW9. He has identified the signatures of Umesh Das and Shiv
Pujan Das which have been marked as Exhibits-P7/1/PW9 and
P7/2/PW9 respectively. Gango Das was arrested from the place
of occurrence and an arrest memo was prepared which has been
proved and marked as Exhibit-P8/PW9. The endorsement in the
written report has been proved and marked as Exhibit-P9/PW9.
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The formal FIR has been marked as P9/1/PW9. He had taken
over the investigation and had recorded the restatement of the
informant. He had recorded the statement of Anil Das and the
confessional statement of the accused. He had also recorded the
statements of Sunita Devi, Yamuna Das and the injured Chandni
Kumari, who all have supported the occurrence. He has obtained
the inquest report of Radhika Kumari and Piyush Kumar and the
carbon copy of the same has been proved and marked as Exhibit-
P10/PW9. The inquest reports of Nitika Kumari, Sheela Devi and
Shanti Devi were attached to the case diary and the same have
been marked 'X' for identification. He had thereafter, obtained
the autopsy report of all the 5 deceased from Sadar Hospital,
Koderma. He had submitted charge sheet against Gango Das
keeping the investigation pending.
In cross-examination, he has deposed that when he reached
the place of occurrence, about 25 villagers were present. Before
he had reached, the dead and the injured were already sent from
the place of occurrence. When he had arrested Gango Das,
neither he was in an intoxicated condition nor he was mentally
unsound. None of the independent witnesses had claimed to
have witnessed the incident. They had come to know that the
accused did not do any work and this was the reason of quarrel
with his wife. The inmates of the house had stated that the
accused used to create a ruckus after getting drunk.
P.W.10 Madan Kumar Mishra was posted as a Sub-
Inspector of Police in Nawalsahi Police Station and on the order
of the Officer-in-charge he had produced the seized articles of
Nawalsahi P.S. Case No. 86/2019 in Court. He has proved the
letter by virtue of which the articles were produced in Court
which has been marked as Exhibit-P11/ PW10. The knife and
iron rod have been marked as Material Exhibit Nos. MO-1 and
MO-2 respectively. The blood stained sheet, gamcha and
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mosquito net have been marked as Material Exhibit Nos. MO-3,
MO-4 and MO-5 respectively. The hoodie was marked as MO-6,
while the box in which the material exhibits were kept has been
marked as MO-7.
In cross-examination, he has deposed that nothing was
seized in his presence.
5. The statement of the accused was recorded under Section
313 Cr.P.C. in which he has denied his complicity in the
murders.
6. Submission has been advanced by Mr. Atanu Banerjee,
learned counsel for the appellant that there are admittedly no
independent witnesses who have witnessed the incident of
assault leading to the death of five persons. The only eyewitness
to a part of the occurrence is P.W.1, but her evidence cannot be
relied upon since the father of P.W.1, who has been examined as
P.W.4 has categorically stated that P.W.1 is not mentally stable.
Mr. Banerjee has submitted that the appellant was not in a fit
mental state and his act, if the Court comes to a conclusion
about his culpability, was under the influence of liquor and the
punishment meted out to him is too harsh as the case does not
fall in the category of "rarest of rare" cases.
7. Mr. Vishwanath Roy, learned Special P.P. has submitted
that there are overwhelming materials on record which signify
that it was the appellant only who was involved in such dastardly
act and considering the gravity of the offence, the appellant does
not deserve any sympathy.
8. We have heard the learned counsel for the respective sides
and have also perused the trial court records.
9. As per the allegations and the evidence of the witnesses,
what we could gather is of a quarrel which started between the
appellant and his wife Sheela Devi in the dead of night on
27.11.2019 which resulted in a systematic elimination of the
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family members of the appellant which included his wife, two
infant children, his mother and one of his nieces. The other niece,
Chandni Kumari, though was brutally assaulted but somehow
managed to survive and who spelt out the gory details being the
only eyewitness to a part of the offence. The incident had taken
place inside the house which is the reason for the absence of any
independent witnesses. Apart from Chandni Kumari (P.W.1), the
other inmates of the house were P.W.2 and P.W.4, the
unfortunate parents of the deceased Nitika Kumari. Both P.W.2
and P.W.4 were sleeping in another room, while the mother of
the appellant and P.W.4 as well as the two daughters of P.W.4
were sleeping in the veranda. The evidence of P.W.2 and P.W.4
reveals that Shanti Devi, who was sleeping in the veranda had
rushed inside the room to save her daughter-in-law when the
appellant not only committed assault upon her but had not even
spared the nieces of the appellant. The appellant had locked
himself up in his room and the Police, on arrival, had lured him
out and arrested him. As per the evidence of P.W.9 (I.O.), the
weapons of assault being blood-stained rod and blood-stained
knife, blood-stained wearing apparels etc. were seized. The report
of the Forensic Science Laboratory conclusively sustains the
culpability of the appellant in committing the homicidal death of
five persons. The conclusion of the report of F.S.L. is quoted
hereinunder:
"Conclusion:
The DNA test performed on the exhibit mentioned
above is-sufficient to conclude that:
1. The DNA profile generated from the
source of the Exhibit marked (Satirce: Blood
positive swab of Iron knife on gauze piece
cuttings), Exhibit marked- IIIA (Source: Blood
positive Bed sheet cuttings), Exhibit marked-
IV (Source: - Blood positive Mosquito net
cuttings), Exhibit marked- V (Source: Blood
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positive Kid's jacket cuttings) and Exhibit
marked- VI (Source: - Blood positive Jacket
cuttings of accused) is mixed profile from
more than one human individual source of
origin.
2. The DNA profile generated from the
source of the Exhibit marked- IIIB (Source:
Blood positive Gamcha cuttings) is profile
from human female source of origin and
found to be present in the mixed profile
generated from the source of Exhibit
marked- I (Source: Blood positive swab of
Iron knife on gauze piece cuttings), Exhibit
marked- IIIA (Source: Blood positive Bed
sheet cuttings), Exhibit marked-IV (Source: -
Blood positive Mosquito net cuttings), Exhibit
marked- V (Source: Blood positive Kid's
jacket cuttings) and Exhibit marked- VI
(Source: Blood positive Jacket cuttings of
accused).
3. The DNA profile generated from the
source of the Exhibit marked- II (Source:
Blood negative swab of Iron Rod on gauze
piece cuttings) is mixed and partial profile
from more than one human source of origin.
4. The Y-STR DNA profile generated
from the source of Exhibit marked- V (Source:
-Blood positive Kid's jacket cuttings) and
Exhibit marked- VI (Source: blood positive
Jacket cuttings of accused) is from same
patrilineage.
10. The evidence of P.W.1, P.W.2 and P.W.4, who were the
inmates of the house clearly demarcates the role played by the
appellant in singularly destroying his family in a fit of rage. The
appellant, as per the evidence, was a lethargic person averse to
doing any work for sustenance of his family and was the constant
cause of bickering between him and his wife Sheela Devi. "An idle
mind is a devil's workshop" would be the perfect adage in the
present case. The grievance of the appellant might have been
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against his wife, but there cannot be any explanation for
committing such dastardly act against innocent children who
were not matured enough to defend themselves from such
murderous assault. The deceased son and daughter of the
appellant were aged two and four years respectively, while the
deceased niece Nitika Kumari was aged five years and Chandni
Kumari, who survived was aged seven years. Not only that, the
wife of the appellant was carrying a pregnancy of 6-7 months at
the time of her death. The post-mortem report also corroborates
the manner of assault committed by the appellant upon all the
deceased. The evidence on record, therefore, proves beyond any
reasonable doubt that it was the appellant who was solely
responsible for such grotesque and horrendous act of fury
unleashed upon the unfortunate, unarmed and innocent victims.
The conviction of the appellant, in the circumstances noted
above, is therefore upheld.
11. The next question which falls for consideration is whether
in view of such act of the appellant he deserves the capital
punishment or not. Mr. Banerjee, learned counsel for the
appellant has submitted that the appellant is a young person
aged 35 years and his entire life is in front of him. The act of
assault was not pre-meditated and occurred under the influence
of liquor in a fit of rage. Such mitigating circumstances,
according to Mr. Banerjee, should be considered by this Court
and a re-think be made regarding the death sentence imposed
upon the appellant.
12. In Machhi Singh v. State of Punjab reported in (1983) 3
SCC 470, it was held as follows:
"32. The reasons why the community
as a whole does not endorse the humanistic
approach reflected in "death sentence-in-no-
case" doctrine are not far to seek. In the first
place, the very humanistic edifice is
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constructed on the foundation of "reverence
for life" principle. When a member of the
community violates this very principle by
killing another member, the society may not
feel itself bound by the shackles of this
doctrine. Secondly, it has to be realized that
every member of the community is able to
live with safety without his or her own life
being endangered because of the protective
arm of the community and on account of the
rule of law enforced by it. The very existence
of the rule of law and the fear of being
brought to book operates as a deterrent for
those who have no scruples in killing others
if it suits their ends. Every member of the
community owes a debt to the community for
this protection. When ingratitude is shown
instead of gratitude by "killing" a member of
the community which protects the murderer
himself from being killed, or when the
community feels that for the sake of self-
preservation the killer has to be killed, the
community may well withdraw the
protection by sanctioning the death penalty.
But the community will not do so in every
case. It may do so "in rarest of rare cases"
when its collective conscience is so shocked
that it will expect the holders of the judicial
power centre to inflict death penalty
irrespective of their personal opinion as
regards desirability or otherwise of retaining
death penalty. The community may
entertain such a sentiment when the crime is
viewed from the platform of the motive for, or
the manner of commission of the crime, or the
anti-social or abhorrent nature of the crime,
such as for instance:
I. Manner of commission of murder
33. When the murder is committed in
an extremely brutal, grotesque, diabolical,
revolting or dastardly manner so as to
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arouse intense and extreme indignation of
the community. For instance,
(i) when the house of the victim is set
aflame with the end in view to roast
him alive in the house.
(ii) when the victim is subjected to
inhuman acts of torture or cruelty in
order to bring about his or her death.
(iii) when the body of the victim is cut
into pieces or his body is dismembered
in a fiendish manner.
II. Motive for commission of murder
34. When the murder is committed for
a motive which evinces total depravity and
meanness. For instance when (a) a hired
assassin commits murder for the sake of
money or reward (b) a cold-blooded murder
is committed with a deliberate design in
order to inherit property or to gain control
over property of a ward or a person under
the control of the murderer or vis-a-vis whom
the murderer is in a dominating position or
in a position of trust, or (c) a murder is
committed in the course for betrayal of the
motherland.
III. Anti-social or socially abhorrent
nature of the crime
35. (a) When murder of a member of a
Scheduled Caste or minority community etc.,
is committed not for personal reasons but in
circumstances which arouse social wrath.
For instance when such a crime is committed
in order to terrorize such persons and
frighten them into fleeing from a place or in
order to deprive them of, or make them
surrender, lands or benefits conferred on
them with a view to reverse past injustices
and in order to restore the social balance.
(b) In cases of "bride burning" and
what are known as "dowry deaths" or
when murder is committed in order to
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remarry for the sake of extracting
dowry once again or to marry another
woman on account of infatuation.
IV. Magnitude of crime
36. When the crime is enormous in
proportion. For instance when multiple
murders say of all or almost all the members
of a family or a large number of persons of a
particular caste, community, or locality, are
committed.
V. Personality of victim of murder
37. When the victim of murder is (a) an
innocent child who could not have or has not
provided even an excuse, much less a
provocation, for murder (b) a helpless
woman or a person rendered helpless by
old age or infirmity (c) when the victim is a
person vis-a-vis whom the murderer is in a
position of domination or trust (d) when the
victim is a public figure generally loved and
respected by the community for the services
rendered by him and the murder is
committed for political or similar reasons
other than personal reasons.
38. In this background the guidelines
indicated in Bachan Singh case1 will have to
be culled out and applied to the facts of each
individual case where the question of
imposing of death sentence arises. The
following propositions emerge from Bachan
Singh case1:
"(i) The extreme penalty of death need
not be inflicted except in gravest cases
of extreme culpability.
(ii) Before opting for the death penalty
the circumstances of the 'offender' also
require to be taken into consideration
along with the circumstances of the
'crime'.
(iii) Life imprisonment is the rule and
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death sentence is an exception. In other
words death sentence must be
imposed only when life imprisonment
appears to be an altogether inadequate
punishment having regard to the
relevant circumstances of the crime,
and provided, and only provided, the
option to impose sentence of
imprisonment for life cannot be
conscientiously exercised having
regard to the nature and circumstances
of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and
mitigating circumstances has to be
drawn up and in doing so the
mitigating circumstances have to be
accorded full weightage and a just
balance has to be struck between the
aggravating and the mitigating
circumstances before the option is
exercised.
39. In order to apply these guidelines
inter alia the following questions may be
asked and answered:
(a) Is there something uncommon about
the crime which renders sentence of
imprisonment for life inadequate and
calls for a death sentence?
(b) Are the circumstances of the crime
such that there is no alternative but to
impose death sentence even after
according maximum weightage to the
mitigating circumstances which speak
in favour of the offender?"
13. The magnitude of the crime as at Para-36 is of particular
significance since the monstrous act of the appellant wiped out
three generations of his immediate family; his mother, his wife,
his children and his niece.
14. In Dhananjoy Chatterjee @ Dhana v. State of West
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Bengal reported in (1994) 2 SCC 220, it has been held as
follows:
"15. In our opinion, the measure of
punishment in a given case must depend
upon the atrocity of the crime; the conduct of
the criminal and the defenceless and
unprotected state of the victim. Imposition of
appropriate punishment is the manner in
which the courts respond to the society's cry
for justice against the criminals. Justice
demands that courts should impose
punishment befitting the crime so that the
courts reflect public abhorrence of the crime.
The courts must not only keep in view the
rights of the criminal but also the rights of
the victim of crime and the society at large
while considering imposition of appropriate
punishment."
15. There may be certain mitigating factors in favour of the
appellant but we have to view the issue from the perspective of
the victim as well and there has to be a proper balance when the
sentence part is considered. Being in a state of intoxication and
on account of the consternation of the wife of the appellant as
well as her constant niggling, the appellant lost his balance and
committed the murders are the common refrain projected by Mr.
Banerjee, but such submission pales into insignificance when we
peruse the evidence of P.W.9 (I.O.), who has stated that when the
appellant was enticed away from his room in which he had locked
himself he was neither intoxicated nor was he in a mentally
unsound state. This would show that despite such atrocious act
he did not show any remorse. The entire facets of the case would,
therefore, reveal that the aggravating circumstances far
outweighs the mitigating circumstances.
16. We, therefore, on the basis of the discussions made
hereinabove, confirm the death sentence awarded by the learned
trial court in S.T. No. 31/2020.
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17. Consequently,
(a) Death Reference No. 02 of 2024 is answered in
favour of the prosecution and the death sentence
is, accordingly, confirmed.
(b) Criminal Appeal (DB) No. 1397 of 2024 stands
dismissed.
18. Pending interlocutory applications, if any, stands closed.
19. Office is directed to send the trial court records back to the
Court concerned along with a copy of this judgment.
(RONGON MUKHOPADHYAY, J.)
(ARUN KUMAR RAI, J.)
Jharkhand High Court, Ranchi
Dated the 28th Day of April, 2025
Preet/N.A.F.R.
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