LexBRAJENDRASINGH versus STATE OF MADHYA PRADESH
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[2012] 3 S.C.R. 599 BRAJENDRASINGH v. STATE OF MADHYA PRADESH (Criminal Appeal Nos. 113-114 of 2010) FEBRUARY 28, 2012 [A.K. PATNAIK AND SWATANTER KUMAR, JJ.) A 8 Penal Code, 1860 - s. 302 - Conviction and sentence under - A/legations that accused suspecting his wife having illicit relations with his neighbour killed his three young C children who were asleep and sprinkled kerosene oil on his wife and put her an fire - Convicted uls. 302 and sentenced to death by courts below - On appeal held: Circumstantial evidences read with the statements of the prosecution witnesses and the statement of the accused himself prove D one fact without doubt, that the accused had certainly murdered his wife - Regarding the death of the children, as alleged by the accused that his wife caused death of three children, when the deceased inflicted severe injuries on the throat of the sleeping child, the child would have got up, there E would have been commotion and disturbance in the room which would have provided enough opportunity to the accused to protect his other two children - He could have overpowered his wife and could even have prevented the murder of all the three children - This abnormal and unnatural conduct of the appellant renders his defence unbelievable and untrustworthy F - Thus, the appellant is guilty of offence u/s. 302 for murdering his wife and three minor children - As regards the quantum of sentence, circumstances examined cumulatively would to some extent, suggest the existence of a mental imbalance in the accused at the moment of committing the G crime - Case does not fall in the category of 'rarest of rare' cases where imposition of death sentence is imperative as also it is not a case where imposing any other sentence would 599 H 600 SUPREME COURT REPORTS [2012] 3 S.C.R. A not serve the ends of justice or would be entirely inadequate - Drawing the balance sheet of aggravating and mitigating circumstances and examining them in the light of the facts and circumstances of the instant case, it is not a case where extreme penalty of death be imposed upon the accused - B Thus, the death sentence awarded to the accused is commuted to one of life imprisonment - Sentence/Sentencing. FIR - FIR recorded by Sub-inspector based on statement of accused, made in Police Station - Evidentiary value - Held: FIR cannot be treated in law and in fact, as a C confessional statement made by the accused - It would certainly attain its admissibility in evidence as an FIR recorded by the competent officer in accordance with law. Evidence - Conviction based on circumstantial evidence o - General Principles - Stated. Code of Criminal Procedure, 1973: s. 313 - Statement of accused under - Held: Can be used as evidence against the accused, insofar as it supports E the case of the prosecution - Statement uls. 313 simplicitor normally cannot be made the basis for conviction of the accused - However, where the statement of the accused uls. 313 is in line with the case of the prosecution, then certainly the heavy onus of proof on the prosecution is to some extent F reduced. G H s. 354 (3) - Award of death sentence - Recording of special reasons - Need for - Principles governing exercise of such discretion - Stated. According to the prosecution, appellant suspected his wife 'A' of having illicit relations with 'LT' (neighbor), and killed his three young children, who were asleep, sprinkled kerosene oil on his wife and put her on fire. The appellant had forbidden his wife from talking to BRAJENDRASINGH v. STATE OF MADHYA 601 PRADESH 'LT' (neighbour). On the fateful day, he allegedly stopped A her from talking to 'LT' but she retorted that she would die and poured kerosene oil on her person and then put herself on fire. The appellant then tried to extinguish the fire, but being under the impression that she was dying, he also caused injuries to his wife by a knife and killed B her. The appellant also suffered burn injuries in his attempt to extinguish the fire. Thereafter, he killed his children by inflicting injuries by knife to the throat. He also tried to commit suicide by injuring his· neck but did not succeed. Thereafter, he went towards the Bye Pass Road c and was about to commit suicide under the truck but in the meantime the police came and stopped him and brought him to the police station. In the midnight, the appellant lodged a report in resp
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