STATE OF HARYANA Vs. ANAND KINDO

JUDGEMENT

(1.) The heinous and brutal crime was committed where the trusted employees of an aged couple for the greed of money murdered them. The brutality is reflected by the fact that the couple was sleeping, there was no occasion to resist any force and yet using hammer and Tava, their faces were so disfigured that they were almost unrecognized. No doubt, the circumstantial evidence gave rise to the conviction but if the circumstantial evidence was of such a nature that it practically leaves no doubt, the natural consequence of conviction under Sec. 302, IPC must follow.

(2.) It is not necessary for us to go beyond the aforesaid facts since the accused have not filed any appeal before us against the concurrent findings of the trial Court and the High Court but the trial Court having thought it fit to give death sentence, the High Court interfered with that aspect of the matter by imposing life sentence. The appeals are preferred by the State and by the complainant.

(3.) On the issue of sentence to be imposed, once the conviction is under Sec. 302, IPC, the option is limited. It has to be death or life. The third option is also available where at times the court looking to the scenario does not impose the death sentence but gives conviction whereby the accused has to serve at least for a fixed term. This fixed term conviction can only be by the High Court or this Court and not by the trial Court [Union of India vs. Sriharan, (2016) 7 SCC 1.]