Review of Death Penalty VI

The Appellant was convicted and awarded Capital Punishment; confirmed by the High Court of Madhya Pradesh. Ruby was married to Sanjay. Appellant ‘coveted’ her; ‘warned’ her that he would not allow her to ‘live with anybody else’; ‘threw acid’, burning and injuring family members, killing her. There is no ‘conjecture’, ‘surmise’ or ‘inference’ in the narration of the witnesses. The evidence is ‘unimpeachable’, Dying Declaration can be given the ‘highest probative value’; conviction beyond any ‘reasonable doubt’.

“Appellant committed the crime when he was out on bail in another wherein he has been convicted for murder. The earlier incident is totally unrelated to the circumstances of this case. The choice of acid does not disclose a cold-blooded plan to murder. The intention seems to have been severely injure or disfigure. There appears to be no special reason that warrants an imposition of Death Sentence. We find that there is no particular depravity or brutality that warrants a classification of the case as rarest of the rare. Appellant shall undergo Life Imprisonment.”

Hon’ble Justice S.A. Bobde, Yogendra v. The State of Madhya Pradesh, [Criminal Appeal Nos. 84-85 of 2019].