ABDUL KHADER Vs. STATE

JUDGEMENT

(1.) R. T. No. 6 of 1989 comes before us for a reference made for confirmation of death sentence under Sec. 366 of the Code of Criminal Procedure made in S. C. No. 22 of 1989 on the file of the Additional Sessions Judge, Erode.

(2.) CRL. A. No. 771 of 1989 is directed against the conviction and sentence of the appellant under Sec. 302 of the Indian Penal Code (Four Counts) and also under Sec. 309 of the Indian Penal Code in S. C. No. 22 of 1989 on the file of the Additional Sessions Judge, Erode. The charge against the appellant-accused is that on 22. 4. 1988 at about 5. 00 P. M. the accused stabbed his wife Rahamathul Kamil a and his three children, Alauddin , Ansathul Bhanu and Abudhakir , with'chisel'; in his house at Door No. 57, Nanjappa Veethi , Gobichettipalayam. Thereafter, he also attempted to commit suicide by stabbing himself with the chisel. On this allegation he was charged under Sec. 302 of the Indian Penal Code (Four counts) causing the death of his wife and his two minor sons and a minor daughter and also under Sec. 309 of the indian Penal Code for attempt to commit suicide. The learned Sessions Judge convicted him for all the charges and sentenced him to death under Sec. 3c2 of the Indian Penal Code (four counts) and also further sentenced him simple imprisonment for a period of three months and the sentence to merge with the sentence of death.

(3.) THE next question for consideration is what is the proper sentence to be imposed on the accused. THE learned Sessions Judge imposed the sentence on the accused on all the four counts holding that the act of the accused in killing his wife and children is a gruesome one and therefore it requires deterrent sentence. THE learned counsel for the accused submitted that merely because the accused killed his wife and children, it does not automatically imply that it requires deterrent sentence All the surrounding circumstances which lead to the accused to murder his wife and children have to be taken into consideration. If those circumstances have been taken into consideration it is a case for imposing lesser of the two sentences, viz. , life imprisonment. He has referred to few decision in this connection.