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SC relief to death row convicts who killed 8 members of their brother’s family over property dispute; To serve LI for 30 years

Supreme Court: In a case where 8 members of a family, including 4 minors, were brutally murdered pursuant to property dispute between siblings, the 3-judge bench of L. Nageswara Rao, BR Gavai and BV Nagarathna, JJ has converted the punishment from death to life. However, keeping in mind the gruesome murder of the entire family of their sibling in a pre-planned manner without provocation due to a property dispute, the Court held that the convicts deserved a sentence of a period of 30 years.

Case Trajectory

Analysis

The chain of events is complete leading to the conclusion that the murder of the persons inside the house were committed by the Petitioners. The State, hence, argued that in view of the nature of the murders committed in the goriest manner in a pre-meditated fashion, the Petitioners are not entitled to seek conversion of the death sentence. The manner of commission of the crime shows that this is the rarest of the rare cases, warranting a death sentence and that the diabolic and cold-blooded nature of the crime is a factor to be borne in mind to decide the possibility of reformation of the Petitioners.

The Court, however, took note of the well-settled law that the possibility of reformation and rehabilitation of the convict is an important factor which has to be taken into account as a mitigating circumstance before sentencing him to death.

“There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent.”

While there was no reference to the possibility of reformation of the Petitioners, nor had the State procured any evidence to prove that there is no such possibility with respect to the Petitioners, the Court took note of certain factors like the socio-economic background of the Petitioners, the absence of any criminal antecedents, affidavits filed by their family and community members with whom they continue to share emotional ties and the certificate issued by the Jail Superintendent on their conduct during their long incarceration of 14 years.

Noticing that it cannot be said that there is no possibility of reformation of the Petitioners, foreclosing the alternative option of a lesser sentence and making the imposition of death sentence imperative, the Court converted the sentence imposed on the Petitioners from death to life imprisonment of 30 years.

[Mofil Khan v. State of Jharkhand, 2021 SCC OnLine SC 1136, decided 26.11.2021]


Counsels

For petitioners: Senior Advocate C.U. Singh

For State: Advocate Prerna Singh


*Judgment by: Justice L. Nageswara Rao

Know Thy Judge| Justice L. Nageswara Rao

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