STATE Vs. RAJ KUMAR KHANDELWAL

JUDGEMENT

(1.) VIDE judgment and order dated 14.2.2008, Raj Kumar Khandelwal, herein after referred to as the accused, has been convicted for the offence of murdering his wife Anita and his three minor daughters; Kumari Alisha aged about ten years, Kumari Chamma aged about eight years and Kumari Jyoti aged about four years. Vide order of sentence dated 16.2.2008, the learned Trial Judge has imposed the sentence of death upon the accused and has accordingly made a reference to this Court for confirmation of the sentence.

(2.) SECTION 366 of the Code of Criminal Procedure 1973 requires confirmation by the High Court before execution of a sentence of death passed by the Court of Session. In the reference proceeding under Section 367, the High Court, if it thinks fit, is empowered to make further inquiry and receive additional evidence upon any point bearing upon the guilt or innocence of the convicted person. Under Section 368, the High Court may confirm the sentence, annul it or pass any other sentence, or convict the accused of any offence of which the Court of Session might have convicted him or may order a new trial on the same or an amended charge. The scope of these three Sections has been interpreted by the Supreme Court as casting a duty on the High Court to satisfy itself, by a reappraisal of the judgment of the Court of Session, about the guilt or innocence of the accused person. Reference be made to the decision reported as AIR 1957 SC 469 Jumman & Ors. v. State of Punjab wherein it was observed :-

(3.) CERTAIN admitted facts may be noted at the outset so that the evidence relatable thereto is noted very briefly and the burden of a lengthy decision is avoided.