Atbir vs Govt. Of N.C.T Of Delhi

2) The case of the prosecution is as under:

Thereafter, Jaswant Singh married Sheela Devi, the deceased and from their wedlock, one daughter Sonu @ Savita and one son Manish @ Mannu - the deceased, were born. Sheela Devi - the 2nd wife of Jaswant Singh was staying at Mukherjee Nagar, Delhi, with her children. They were having dispute over the division of their properties.

(b) On the afternoon of 22.01.1996, on receiving information of murder of a man and that of one injured at N-33, Mukherjee Nagar, Delhi, Inspector Virender Singh, Addl. S.H.O., Mukherjee Nagar Police Station along with 2 ASI Kanwar Lal, Ct. Manoj Kumar and Ct. Jogender Singh rushed to the place of occurrence and found two dead bodies, one of female and other of a boy aged about 16 years in the adjacent room on the ground floor of N-33, Mukherjee Nagar, Delhi. Both were later identified as Smt. Sheela Devi, second wife of Jaswant Singh and her son Manish @ Mannu. It was revealed at the spot that one injured, namely, Sonu @ Savita, daughter of Sheela Devi was removed to Hindu Rao Hospital in a PCR Gypsy. After leaving ASI Kanwar Lal at the spot, Inspector Virender Singh along with his team rushed to Hindu Rao Hospital and on endorsement given by Dr. Sharat Chandra Jai Singh-PW 30 that "patient fit for statement", recorded the statement given by Sonu @ Savita. In the statement, Sonu @ Savita alleged that Chandra @ Chandrawati her step-mother, along with her son Atbir, one Ashok-appellant herein in Crl. Appeal No. 877 of 2006 and one person whose name she did not know entered their house and demanded money from her mother Sheela 3 Devi but she refused. Accused persons bolted the doors from inside and Atbir took out a knife and stabbed Manish @ Mannu, who was held by Chandra @ Chandrawati, Ashok and another. Thereafter, Atbir stabbed Sheela Devi and then Sonu @ Savita with knife. On the above statement, a case under Sections 307 and 302 of the Indian Penal Code (hereinafter referred to as "I.P.C.") was registered at Mukherjee Nagar Police Station and investigation started. On 24.01.1996, Sonu @ Savita succumbed to her injuries and died at Hindu Rao Hospital.

(c) On completion of the formalities, the challan was filed in the Court of Metropolitan Magistrate and after completion of committal proceedings, the case was re- allocated to the Court of Additional Sessions Judge, Delhi. On 12.08.1997, a charge under Section 302 read with Section 34 I.P.C. was framed against accused Atbir, Ashok and Chandra @ Chandrawati. On 24.08.1999, on filing the supplementary challan against accused Arvind, the 4 charge was re-framed against all the accused persons, namely, Atbir, Ashok, Arvind and Chandra @ Chandrawati by the Court of Additional Sessions Judge, to which they pleaded not guilty and claimed trial. Prosecution examined as many as 41 witnesses and their statements were recorded. The Additional Sessions Judge, vide order dated 27.09.2004, convicted Atbir - appellant in Crl.A. No.870/2006 with death penalty and Ashok- appellant in Crl. A. No. 877/2006 with life imprisonment and acquitted Arvind. The accused Chandra @ Chandrawati remained absconding. Being aggrieved by the order of the Additional Sessions Judge, Delhi, the appellants herein filed appeal before the High Court. The murder reference was also sent by the Sessions Court to the High Court. The High Court, by the impugned judgment and order dated 13.01.2006, confirmed the findings recorded by the Additional Sessions Judge and upheld the conviction of the appellants awarded by him. Against the said judgment, the appellants have preferred these appeals by 5 way of special leave before this Court.

(4) The probability that the accused can be reformed and rehabilitated.

The State shall by evidence prove that the accused does not satisfy the conditions (3) and (4) above. (5) That in the facts and circumstances of the case the accused believed that he was morally justified in committing the offence.

For instance,

(i) when the house of the victim is set aflame with the end in view to roast him alive in the house;

IV. Magnitude of crime

V. Personality of victim of murder

If upon taking an overall global view of all the circumstances in the light of the aforesaid proposition and taking into account the answers to the questions posed hereinabove, the circumstances of the case are such that death sentence is warranted, the Court would proceed to do so.

27) In view of the principles culled out from the earlier decisions, let us find out whether the present case would fall in the category of rarest of the rare case warranting death sentence.

32) Another aggravating circumstance is that the crime had been committed and executed after closing the doors with all the three deceased being left helpless and unarmed. Closing of the door and bolting it from inside clearly shows the determination to complete the crime and take away the life of 34 all the three. Among them, two of them were in the young age and they could not be provoked and instigated in any manner.

35) In the light of the above discussion, we confirm the conviction and sentence of death imposed on Atbir and the same shall be executed in accordance with law. We also confirm the conviction and sentence of life imprisonment imposed on Ashok.

36) Consequently, both the appeals are dismissed.

AUGUST 9, 2010.