ABSAR ALAM @ AFSAR ALAM versus STATE OF BIHAR

Citation: [2012] 1 S.C.R. 890 · Decided: 07-02-2012 · Supreme Court of India · Bench: A.K. PATNAIK · Disposal: Case Partly allowed
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Judgment (excerpt)

A 
B 
[2012) 1 S.C.R. 890 
ABSAR ALAM @ AFSAR ALAM 
v. 
STATE OF BIHAR 
(Criminal Appeal No. 1436 of 2010) 
FEBRUARY 07, 2012 
[A.K. PATNAIK AND SWATANTER KUMAR, JJ.] 
Sentence/sentencing - Imposition of death sentence -
Propriety of - Appellant accused his mother to have been the 
C cause of his wife running away from house and out of anger, 
appellant cutting neck of his mother and severing her head, 
fled away with the head - Conviction of appellant ulss. 302 and 
201 /PC and imposition of death sentence by courts below -
On appeal held: Appellant was an illiterate rustic and a 
D cultivator residing in a village with virtually no control over his · 
emotions - He over-reacted impulsively to the situation and 
severed neck of his mother - Thus, conviction of the appellant 
upheld but sentence of death converted to life imprisonment 
- Penal Code, 1860 - ss. 302 and 201. 
E 
The trial court convicted the appellant under Sections 
302 and 201 IPC and imposed death sentence for killing 
his mother by cutting her neck and severing her head and 
thereafter fleeing from the house with the head of his 
F mother leaving behind her body. The High Court upheld 
the conviction and confirmed the death sentence. 
Therefore, the appellant filed the instant appeal. 
Partly allowing the appeal, the Court 
G 
HELD: It is found on reading the FIR lodged by the 
brother of the appellant on the morning of the date of the 
incident that the appellant's wife had run away to her 
maternal house three or four days before the incident and 
the appellant had been accusing his mother to have been 
H 
890 
ABSAR ALAM @ AFSAR ALAM v. STATE OF BIHAR 891 
the cause of his wife running away from this house and 
A 
out of anger and excitement the appellant severed the 
neck of his mother and fled with the head. The appellant 
was an illiterate rustic and was a cultivator residing in a 
village with virtually no control over his emotions and has 
over-reacted impulsively to the situation and has severed 
B 
the neck of his mother. On these facts, the appellant is 
no doubt guilty of the offence under Section 302 IPC, and 
has to suffer the punishment of imprisonment for life 
normally awarded for the offence, but should not be 
condemned to death. The sentence of death is converted c ' 
to one of life imprisonment for the offence under Section 
302 IPC, committed by the appellant. [Paras 5, 8] [893-H; 
894-A-C; 895-C] 
Machhi Singh and others v. State of Punjab (1983) 3 
SCC 470: 1983 (3) SCR 413; Swamy Shraddananda (2) alias D 
Murali Manohar Mishra v. State of Kamataka (2008) 13 SCC 
767: 2008 (11) SCR 93; Prajeet Kumar Singh v. State of 
Bihar (2008) 4 SCC 434: 2008 (5) SCR 969; Surja Ram v. 
State of Rajasthan 1996 (6) Suppl. SCR 783; Atbir v. 
Government of NCT of Delhi (2010) 9 SCC 1: 2010 (9) SCR 
E 
993; Lehna v. State of Haryana (2002) 3 SCC 76: 2002 (1) 
SCR 377; Gyasuddin Khan alias Md. Gyasuddin Khan v. 
State of Bihar (2003) 12 SCC 516: 2003 (5) Suppl. SCR 367; 
Shamshul Kanwar v. State of U.P. (1995) 4 SCC 430: 1995 
(3) SCR 1197; Om Prakash v. State of Haryana (1999) 3 
F 
SCC 19: 1999 (1) SCR 794 - referred to. 
Case Law Reference: 
1983 (3) SCR 413 
2008 (11) SCR 93 
2008 (5) SCR 969 
Referred to 
Referred to 
Referred to 
1996 (6) Suppl. SCR 783 Referred to 
2010 (9) SCR 993 
Referred to 
Para 2 
Para 3 
Para 4 
Para 4 
G 
Para 4 
H 
A 
B 
892 
~UPREME COURT REPORTS 
[2012] 1 S.C.R. 
2002 (1) SCR 377 
Referred to 
Para 6,7 
2003 (5) Supp!. SCR 367 Referred to 
Para 7 
1995 (3) SCR 1 H'7 
Referred to 
Para 7 
1999 (1) SCR 794 
Referred to 
Para 7 
CRIMINAL AP PELLA TE JURl8DICTION : Criminal Appeal 
No. 1436 of 2010. 
From the Judgment & Orner dated 16.7.2009 of the High 
c Court of Judicature at Patna, Bihar in Death Reference No. 7 
of 2008 with Criminal Appeal (D.B) No. 169 of 2008. 
Ramesh Chandra Mishra, Dr. Meena Agarwal for the 
Appellant. 
D 
Gopal Singh, Chandan Kumar for the Respondent. 
The Judgment of the C::iurt was delivered by 
A.K. PATNAIK, J. 1. This is an appeal by way of special 
leave under Article 136 of the Constitution of India against the 
~ judgment and order dated 16.07.2009 of the Patna High Court 
in Death Reference No. 7 of 2008 with Criminal Appeal (DB) 
No.1 '39 of 2008. On 18.01.2010, !hie; Court issued notice in the 
Specl9I Leave Petition confined to the question of sentence 
oniy and on 02.08.2010 after he~ring learned counsel for the 
F 
parties, granted leave. Hence, the only question that we h
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