Case Note & Summary
The appellant, Hausaji s/o Bhaurao Jagdambe, was convicted by the learned Additional Sessions Judge, Biloli on 18.10.2016 in Sessions Case No.39 of 2015 for the offence punishable under Section 302 of the Indian Penal Code for the murder of his wife, son, and daughter. He was sentenced to imprisonment for life and to pay a fine of Rs.25,000/- in default to suffer simple imprisonment for two years. The charge-sheet was filed against seven accused persons for offences under Sections 302, 498-A read with Section 109 IPC. Original accused Nos.2 to 7 were acquitted of all charges, while the appellant was acquitted of the offence under Section 498-A and 109 IPC. The charge at Exhibit-38 was found to be defective as it consolidated the murder of three persons into one charge, whereas separate charges should have been framed for each distinct offence. The High Court noted that the gravity of the offence was lessened due to the consolidated charge, but since no objection was raised by the prosecution at trial, the appellate court could not set it right. Similarly, the operative order did not award separate punishment for each murder. The prosecution prayed for death sentence but failed to lead evidence on aggravating circumstances as per the guidelines in Macchi Singh and Bachan Singh. The High Court upheld the conviction and sentence, observing that the state did not file any appeal under Section 377 CrPC against the inadequacy of sentence. The appeal was dismissed.
Headnote
A) Criminal Procedure - Charge - Defective Charge - Consolidated Charge - For each distinct offence, a separate charge must be framed under Section 218 CrPC. In a triple murder case, a single consolidated charge for murder of wife, son, and daughter is defective. However, if no objection is raised at trial, the appellate court cannot set it aside, and the conviction is not vitiated if no prejudice is caused. (Paras 2-3) B) Indian Penal Code - Murder - Section 302 - Triple Murder - Sentence - Life Imprisonment - The appellant was convicted for murder of his wife, son, and daughter. The trial court imposed a single sentence of life imprisonment for all three murders. The High Court held that separate sentences should have been awarded for each murder, but since the state did not appeal, the sentence was not interfered with. (Paras 2-3) C) Criminal Procedure - Sentence - Aggravating Circumstances - Death Sentence - The prosecution prayed for death sentence but failed to lead evidence on aggravating circumstances as required by Macchi Singh and Bachan Singh. The trial court did not follow the guidelines. The High Court noted the lapse but did not enhance the sentence. (Para 2)
Issue of Consideration
Whether the conviction under Section 302 IPC for triple murder is sustainable when the charge was consolidated for three murders instead of separate charges for each victim.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Defective charge
- consolidated charge
- separate charge for each distinct offence
- Section 302 IPC
- triple murder
- life imprisonment
- aggravating circumstances
- Macchi Singh guidelines
- Bachan Singh guidelines
