INDIA: KARNATAKA HC COMMUTES DEATH SENTENCE TO LIFE IN DOUBLE MURDER CASE

January 18, 2024:

The Dharwad bench of the High Court in Karnataka state has refused to confirm the death sentence imposed upon three people in a double murder case, observing that the case does not answer the test of ‘rarest of rare case’, TNN reported on January 15, 2024.
A division bench comprising Justices Sreenivas Harish Kumar and Ramachandra D Huddar imposed a life sentence and slapped a fine of Rs 25,000 each upon the three convicts - Babu, his brother Nagappa and their cousin Mutteppa for killing Sangeetha and Basavaraj.
The bench pointed out that the offenders are in the age group of 30-34 years and the mental status examination report issued by Dr Chandrashekar TR of Belagavi Institute of Medical Sciences was not adverse and the doctor had indicated that they could reform.
The case of the prosecution was that Babu, a resident of Mamadapur in Chikodi taluk, Belagavi district, suspected that his wife Sangeetha was in an illicit relationship with Basavaraj.
On October 10, 2013, Babu, his brother Nagappa and two cousins — Mutteppa and a juvenile at that time — killed Sangeetha and Basavaraj.
On June 15, 2022, a sessions court at Belagavi awarded the death sentence to the trio. As a requirement of law in such instances where the death penalty is awarded, the matter was referred to the high court for confirmation. The trio also filed a separate appeal against their conviction.
After perusing the material on record, the division bench noted that what was disclosed was a well planned action.
The court said that if the relationship between the duo had developed one or two days before the incident took place, the claim that the murders were the result of the provocation would have been sustained. “The circumstances are such that Babu was aware of the relationship and had sufficient time to ponder over the same. He did not retort within a short duration of time. The evidence discloses a premeditated action. Accused 1 to 4 joined together, went near the house of Basavaraj, called him out of his house and then tied him to a tree. Then Sangeetha was brought from her house... She was also tied to the same tree. Babu brought sickles from his house. All these do not indicate a decision taken in haste under the state of provocation,” the bench noted.
Observing that it is inappropriate to say that Babu was not hurt by his wife’s conduct, it said, “He was hurt and there is no doubt about it. But being hurt, what he did thereafter assumes importance. The matter would have been different had he alone caused the death of his wife and her paramour. But accused 2 to 4 joined him.”