SC upholds death sentence for man who killed his own family

New Delhi, Dec 15 (UNI) The Supreme Court has upheld the death sentence awarded to a man for the ''brutal, inhuman and diabolical'' murder of his wife and four children.

Appellant Balu alias Mubarik Hussain had allegedly killed his wife Anisha, three daughters Gulfsha, Nisha and Anta alias Munni aged 9,6 and 4 years resepectively and son Babu aged about two-and -a half years on December 9, 2005 in Nagaur village in Rajasthan.

Hussain had made a public declaration next morning that he had killed all the five by strangulating them one by one.

Fast track court awarded him capital punishment holding that it was certainly a case which fell in the category of the ' rarest of the rare' cases.

Jodhpur bench of Rajasthan high court also confirmed the death sentence and also dismissed the appeal filed by the convict.

A bench comprising Justices Arijit Pasayat and S H Kapadia in judgment dated December 12 while dismissing the appeal of Balu ruled,"In the instant case, the plea of drunkenness can never be an excuse for the brutal, diabolic acts of the accused. The trial court and the high court have rightly treated the case to be one falling in rarest of rare category thereby attracting the death sentence." Dr Justice Pasayat writing the 31-page judgment for the bench also observed," The brutal acts done by the accused-appellant are diabolic in conception and cruel in execution. The acts were not only brutal but also inhuman with no remorse for the same. Merely because he claims to be drunk at the relevant point of time, that does not in any way get diluted not because of what is provided in section 85 IPC, but because one after another five lives were taken and that too of four young children. This case squarely falls under the rarest of rare category to warrant death sentence." The court also noted that a balance sheet of aggravating and mitigating circumstances has to be drawn while deciding the quantum of punishment and mitigating circumstances must be given full weightage. The court also ruled that mankind had shifted from the state of nature towards a civilised society but the principle of proportionate punishment for every criminal act is the foundation of the concept of rule of law.

UNI AKS/SC RP HT1828