VASHRAM NARSHIBHAI RAJPARA versus STATE OF GUJARAT

Citation: [2002] 3 S.C.R. 422 · Decided: 24-04-2002 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Case Partly allowed

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Judgment (excerpt)

A 
VASHRAM NARSHIBHAI RAJPARA 
v. 
STATE OF GUJARAT 
APRIL 24, 2002 
B 
[DORAISWAMY RAJU AND BRIJESH KUMAR, JJ.] 
Penal Code, 1860 : Section 302 
Murder-Accused setting on fire his wife and four daughters while they 
C were asleep-Incriminating circumstances establishing guilt of accused beyond 
doubt-conviction by Trial Court-Death penalty-Conviction and sentence 
upheld by High Court-Appeal before Supreme Court-Held, incriminating 
circumstances were sufficient to substantiate the homicidal crime by accused-
No interference was called for with the finding of guilt of accused-Death 
D penalty modified to life imprisonment. 
The appellant, a fruit vendor, was tried under Section 302 of the Indian 
Penal Code, 1860. The prosecution case was that he committed murder of 
his wife and four daughters by pouring petrol and setting them on fire when 
they were asleep. The motive of the crime was that the appellant purchased 
E a house from his nephew but his wife and daughters did not like the house 
and started pressurising him to sell and purchase another house as a result 
of which he got agitated. The Trial Court rejected the case of appellant that 
it was a sheer case of accident and convicted him of the offence charged and 
awarded death sentence. The incriminating circumstances found by Trial 
Court against the appellant were that (i) he purchased five litres of petrol 
F and kept it in the kitchen though he had no vehicle for use; (ii) he alone was 
present in the house at the time of incident; (iii) he placed his son in a safe 
place on the terrace to save his life; (iv) he made no attempts to save the 
deceased persons; (v) he ran away from the room by closing the door from 
outside; (vi) in the hospital he gave a false version that he had sustained burn 
G injuries due to flames of kerosene stove while preparing tea. On appeal the 
High Court held that the prosecution has proved the guilt of the accused 
beyond reasonable doubt and confirmed the death sentence imposed by Trial 
Court The question involved in the appeal is whether it was a homicidal case 
as per prosecution or by sheer accident, as sought to be contended by 
appellant-accused. 
H 
422 
...... 
,. 
VASHRAMNARSHIBHAI RAJPARA v. STATE OF GUJARAT 
423 
Allowing the appeal in part, the Court 
A 
HELD : I. The circumstances held proved in this case by cogent and 
convincing materials brought on record are sufficient to substantiate tile 
homicidal crime committed by the appellant beyond reasonable doubt and 
bring home the guilt of the accused with reasonable and positive definiteness. 
Everyone of the circumstances found established in this case definitely form B 
a chain of evidence so complete and definite as not to leave any doubt that 
the appellant has been carefully planning and meticulously preparing at every 
'! 
stage to get rid of the wife and the daughters as a whole lot On the evidence 
.. 
on record it could not be properly contended that the courts below found the 
appellant guilty solely on the basis of the falsity of the stand or explanation c 
given by him of the occurrence. The false nature of the varying explanations 
and the narration in the written statement of events as to how the incident 
took place has been highlighted by the courts below more in the process of 
finding out the reasonableness of the explanation and plausibility of its 
acceptance, more as an additional circumstance to reinforce the conclusions 
arrived at and not to use such reasoning as a substitute for the ordinary proof D 
normally expected of the prosecution to substantiate the guilt of the accused. 
[429-A; 428-H; 429-B) 
2. Both the courts below have analysed the materials carefully and in 
their proper perspective and the manner of appreciation of evidence by them E 
cannot be said to be either perverse or suffer from any glaring infirmities. It 
cannot also be legitimately rontended that improper and wrong inferences 
have been drawn from the materials placed on record or facts proved. 
Therefore, there is no reason to interfere with the concurrent findings of facts 
recorded by the courts below on the guilt of the appellant. [429-D-E) 
3. The continuous harassment and constant nagging by wife and F 
daughters for purchase of another house could have very well affected his 
mental balance and such sustained provocation could have reached a boiling 
point resulting in the dastardly act. The appellant though hailing from a poor 
family had not criminal ba

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