Case Note & Summary
The Supreme Court heard an appeal against the conviction and death sentence of Vishwajeet Kerba Masalkar for the murder of his mother, wife, and two-year-old daughter, and for attempting to murder his neighbour Madhusudhan Kulkarni (PW-12). The prosecution case rested primarily on the testimony of PW-12, an injured witness, and circumstantial evidence including recoveries of a hammer and blood-stained clothes under Section 27 of the Evidence Act. The trial court and the High Court had concurrently convicted the appellant under Sections 302, 307, and 201 IPC and sentenced him to death. The appellant argued that PW-12's testimony was unreliable due to delayed recording under Section 161 CrPC and that the recoveries were farcical. The State contended that PW-12 was an injured witness and his testimony was corroborated. The Supreme Court upheld the conviction, finding PW-12's testimony credible and corroborated by recoveries. However, on the question of sentence, the Court held that the case did not fall within the 'rarest of rare' category as the appellant had no criminal antecedents and there was potential for reform. The Court commuted the death sentence to life imprisonment for a period of 30 years without remission, with the default sentences for other offences to run concurrently.
Headnote
A) Criminal Law - Circumstantial Evidence - Conviction based on ocular testimony of injured witness and recoveries under Section 27 Evidence Act - Held that the testimony of PW-12, an injured witness, was reliable and corroborated by recoveries, but the death sentence was not warranted as the possibility of reform was not adequately considered (Paras 9-15, 20-25). B) Sentencing - Death Penalty - Commutation to Life Imprisonment - Rarest of Rare Doctrine - Held that the case did not fall within the 'rarest of rare' category as the appellant had no criminal antecedents and there was potential for reform; death sentence commuted to life imprisonment for 30 years without remission (Paras 20-25). C) Evidence Act, 1872 - Section 27 - Recovery of Incriminating Articles - Disclosure Statement - Held that recovery of hammer and blood-stained clothes at the instance of the appellant was admissible and corroborated the prosecution case (Paras 5, 7, 15).
Issue of Consideration
Whether the conviction and death sentence of the appellant for triple murder under Sections 302, 307, 201 IPC are sustainable on the basis of circumstantial evidence and the testimony of an injured witness, and whether the death penalty is warranted.
Final Decision
Conviction under Sections 302, 307, 201 IPC upheld. Death sentence commuted to life imprisonment for 30 years without remission. Default sentences for other offences to run concurrently.
Law Points
- Circumstantial evidence
- death sentence commutation
- reform potential
- Section 27 Evidence Act recovery
- injured witness testimony
- Section 161 CrPC delay
