LexBYLURU THIPPAIAH @ BYALURU THIPPAIAH @ NAYAKARA THIPPAIAH versus STATE OF KARNATAKA
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[2025] 7 S.C.R. 550 : 2025 INSC 862 Byluru Thippaiah @ Byaluru Thippaiah @ Nayakara Thippaiah v. State of Karnataka (Criminal Appeal No(s). 2490-2491 of 2023) 16 July 2025 [Vikram Nath, Sanjay Karol* and Sandeep Mehta, JJ.] Issue for Consideration Issue arose as regards commutation of the death sentence awarded to the appellant for committing brutal murder of his wife, sister-in- law and his three children. Headnotes† Sentence/Sentencing – Death sentence – Commutation of – Brutal murder by the appellant of his wife, sister-in- law and his three children – Motive was that the appellant accused his wife and sister-in-law of being promiscuous and that he had not fathered the three children – Trial court convicted the appellant for the offence punishable u/s.302 and awarded death sentence – Upheld by the High Court – Correctness: Held: Findings of the courts below regarding the appellant’s conviction for the barbaric and ruthless murders of his family members, affirmed – Nothing on record to discredit the prosecution case or expose any gaps, errors, conjectures or surmises in the chain of circumstantial evidence established by the prosecution, beyond reasonable doubt – Act of the appellant came from a place of grave hatred for the deceased persons, however there was no sudden provocation which led to him having taken such a drastic step – His planning and forethought is sufficiently exhibited – Not a shred of evidence either oral or documentary produced to posit appellant’s innocence and bringing the possibility of involvement of third party – No reason to take a different view on the appellant’s guilt, than the one that has been taken by the courts below, keeping with the principle of adopting a cautionary approach in * Author [2025] 7 S.C.R. 551 Byluru Thippaiah @ Byaluru Thippaiah @ Nayakara Thippaiah v. State of Karnataka interfering with concurrent findings of guilt – However, as regards sentencing, despite having considerable information before it, the High Court did not consider it appropriately and sufficiently, in view of the findings recorded in the said reports – Probation Report reveals that the appellant has no antecedents, there is mixed opinion on whether he is suitable for reformation or not – Mitigation report reveals difficulties throughout – Considering the sum total of circumstances that drove the appellant to point of committing this crime of a most reprehensible nature, the death penalty not appropriate – He should spend his days in jail attempting to repent for the crimes committed by him – He is released from death row, instead, to await his last breath in prison, without remission – Penal Code, 1860. [Paras 9-17] Case Law Cited Khushwinder Singh v. State of Punjab [2019] 3 SCR 446 : (2019) 4 SCC 415; Ishwari Lal Yadav v. State of Chattisgarh [2019] 13 SCR 893 : (2019) 10 SCC 423; Atley v. State of U.P., AIR 1955 SC 807; Ajit Savant Majagvai v. State of Karnataka [1997] Supp. 3 SCR 444 : (1997) 7 SCC 110; Ramji Singh v. State of Bihar (2001) 9 SCC 528; Saravanabhavan & Govindaswamy v. State of Madras, 1965 SCC OnLine SC 176; Mekala Sivaiah v. State of Andhra Pradesh [2022] 6 SCR 989 : (2022) 8 SCC 253; Bachan Singh v. State of Punjab [1979] 3 SCR 1193 : (1980) 2 SCC 684; Swami Shradhanand v. State of Karnataka [2008] 11 SCR 93 : (2008) 13 SCC 767; Manoj v. State of M.P. [2022] 9 SCR 452 : (2023) 2 SCC 353; Ramesh A. Naika v. Registrar General, 2025 SCC OnLine SC 575 – referred to. List of Acts Penal Code, 1860; Code of Criminal Procedure, 1973. List of Keywords Commutation of the death sentence; Brutal murder; Death sentence; Motive; Wife and sister-in-law being promiscuous; Not fathered the children; Barbaric and ruthless murders of family members; Chain of circumstantial evidence; Involvement of third party; Remission; Murder weapon; Grave hatred; Sudden provocation; Paternity of children; Probation Report; Mitigation report; Reformation. 552 [2025] 7 S.C.R. Supreme Court Reports Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No(s). 2490-2491 of 2023 From the Judgment and Order dated 30.05.2023 of the High Court of Karnataka Circuit Bench at Dharwad in CRLA No. 100170 and CRLRC No. 100002 of 2020 Appearances for Parties Advs. for the Appellant: Gopal Sankarnarayanan, Sr. Adv., Ms. Aathma Sudhir Kumar, Ms. Shreya Rastogi, Vishal Sinha, Ms. Trisha Chandran, Aakarsh Kamra. Advs. for the Respondent: Avishkar Singhvi,
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