TMI Blog1994 (4) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... and the sentences awarded by the trial court. 2. The prosecution case is as follows: PW 2, Smt Laxmi Devi, is the wife of Tej Pal, one of the deceased persons in the case. The appellant Balraj is the younger brother of Tej Pal. Budh Jyoti, a boy aged about 13 months, Kumari Renu, aged about 4 years, Kumari Chandrawati, aged about 11 years and Kumari Deep Mala, aged about 8 years were the children of PW 2 and Tej Pal. One Bhante Baba was a person known to the family. According to the prosecution there were disputes between the deceased Tej Pal and the accused about the opening of a shop. Tej Pal was demanding an advance of ₹ 7000 and even regarding the electricity a dispute arose. Balraj suspected that his younger brother Tej Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PW 7 found that all of them were in a state of unconsciousness. All of them were removed to the hospital. After registration of the crime, coming to know that the accused Balraj was available at the residence of his relatives at Moradabad, he went there and arrested him and at the instance of the accused the gandasa was recovered. Meanwhile Tej Pat and Bhante Baba, Budh Jyoti and Renu died. PW 1 the Doctor, who conducted the postmortem on the dead body of Tej Pat, found six incised injuries and opined that the death was due to these injuries. He also conducted postmortem on the dead body of Renu and found some stitched wounds and found that the skull was fractured which resulted in death. He also conducted postmortem on the dead body of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. She has, however, stated that there was quarrel between her father and the accused. PW 4 was treated as a minor child and the trial court has not even obtained her signature under her statement. Therefore her evidence was not taken into account at all. Therefore the prosecution is left only with the evidence of PW 2 as an eyewitness. She has not stated as to who assaulted Tej Pal and Bhante Baba. She deposed that at about 7 or 7.30 p.m. the accused came. with a gandasa and saying that they wanted to kill him and therefore he would finish them all-, assaulted the children and also assaulted her (PW 2) and consequently she became unconscious. In the cross-examination she denied the suggestion that some 10 to 12 assailants who could not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of the fact that the accused has caused injuries even to minor children and that he wanted to attack all the members of the family, both the courts below held that the case of the accused comes under the category of rarest of rare cases where death sentence alone should be awarded. 8. In this context, the High Court relied on the judgment of this Court in Asharfi Lal v. State of U.P. (1987) 3 SCC 224: 1987 SCC (Cri) 470 2 (1980) where the accused committed the murders because of greed and personal vengeance. This Court also noted that the murders were committed with extreme brutality. The High Court observed that since the accused did not even spare his dearest and nearest and since PW 2 is left without any helper or protector be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p to be opened by Balraj which fell to his share. Actually the prosecution examined the close relations of the accused and the deceased namely PWs 5, 11, 14, 18 and 19 to prove the motive aspect namely that Tej Pal was harassing the accused who is no other than his own brother and has been demanding an amount of ₹ 7000 in respect of permitting Balraj to open the shop and also raised a dispute regarding electricity. Coupled with this the accused was further mentally disturbed and had an apprehension that Tej Pal and PW 2 wanted to do away with him so that he may not be an obstacle. This is one of the important circumstances which should be given weight in determination of sentence. On the facts and circumstances of this case it cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e noted that power to award compensation is not ancillary to other sentences but it is in addition thereto. To the same effect are the decisions of this Court in Sarwan Singh v. State of Punjab3 and Hari Singh v. Sukhbir Singh4. In the instant case the records show that the appellant Balraj has property and also some means. 12. For the reasons stated above, we confirm the conviction of the appellant under Section 302 IPC but reduce the sentence of death to imprisonment for life. We further direct that the appellant Balraj shall pay ₹ 10,000 by way of compensation to PW 2 Smt Laxmi Devi and if the appellant fails to pay this amount within three months from today, the same may be collected as provided under Section 431 CrPC and be pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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