Drukenness cannot be an excuse for diabolical crime: SC

New Delhi, Sep 8 (UNI) The Supreme Court has commuted to life imprisonment the death sentence of a retired police constable involved in triple murder saying that it was an "impulsive act" in a drunken rage though drunkenness cannot be an excuse for any brutal or diabolic act.

A bench comprising Justices R V Raveendran and Sudershan Reddy while commuting the death sentence of Des Raj to life imprisonment noted, "the accused has no bad antecedents nor is a hard core criminal. He is neither anti-social nor anti-national element. The action was impulsive and without pre-meditation arising out of a sudden quarrel between appellant's wife and Chand Singh's (complainant) wife.

"Each of the victims was shot at only once. The repeated firing by appellant is an over reaction of an inebriated brain to a petty issue. We hasten to add that drunkenness can not be an excuse for any brutal or diabolic act," the court said.

It also noted that the entire incident had occurred in the span of a few minutes. "The repeated loading and firing in utter disregard for life, in the circumstances is not an indication of extreme depravity or brutality, but of a drunken rage." Manjit Kaur, wife of Chand Singh along with Bhagwan Singh and Lal Singh, two brothers of the complainant Chand Singh were shot dead by Des Raj on February 16, 2003 following a quarrel between the wives of Des Raj and Chand Singh.

Des Raj along with his three sons and two daughters-in-law were tried for the triple murder. The trial court acquitted the family members of the accused but sentenced Des Raj to death.

The High Court, while upholding the death sentence, had noted that the gruesome murder was committed in a cold blooded manner by a person trained to protect the life and liberty of the people as a police constable.

In the Supreme Court, the challenge was confined only to the imposition of Capital punishment.

The apex court observed that the trial court and the High Court had considered only the aggravating circumstances and to an extent got carried away by the fact that three people had died. But the mitigating circumstances have not been given their due importance.

UNI