Case Note & Summary
The High Court of Bombay was seized of a confirmation reference under Section 366(1) of the Code of Criminal Procedure, 1973, arising from the death sentence imposed by the Additional Sessions Judge, Palghar in Sessions Case No. 3 of 2016. The accused, Guddu Krish Yadav, was convicted under Section 302 of the Indian Penal Code, 1860 for the murders of Rajkumar Baliram Rohidas and his wife Geetadevi. The incident occurred on the intervening night of 5/6 November 2015 at Boisar MIDC, where both the accused and the deceased worked at Paradyes Acid and Chemicals Trading Company. The prosecution alleged that at about 12:30 a.m., the accused doused the sleeping couple with sulphuric acid and fled. The victims, screaming that the accused had thrown acid on them, managed to climb down an iron ladder and open the bolted office door, where co-workers Ramkumar (PW-4) and Kedarnath (PW-5) heard their cries and later helped them. The victims were taken to TIMA Hospital in Boisar; Rajkumar died four hours later, and Geetadevi died the next day. The offence was registered as Crime No. I-240/2015 at Boisar Police Station at 2:30 a.m. on 6 November 2015. The investigation revealed that the accused had fled to his native Bihar; he was arrested on 2 December 2015 with local police assistance and brought back. After filing of the charge sheet, the case was committed to the Sessions Court, Palghar, which framed a charge under Section 302 IPC. The accused pleaded not guilty and claimed trial. The prosecution examined twelve witnesses, including the doctor who conducted post-mortem, the treating doctor, panch witnesses, co-workers, the police officer who recorded the dying declaration of Rajkumar, a social worker in whose presence Geetadevi's dying declaration was recorded, and the investigating officer. The trial court found that the prosecution had proved both deaths were homicidal and that the accused had committed murder by pouring sulphuric acid with intention and knowledge. Relying on ocular evidence, medical evidence, forensic evidence, and multiple dying declarations, the trial court convicted the accused under Section 235(2) Cr.P.C. and sentenced him to death, opining that the acid attack leading to double murder was a unique case beyond imagination and a crime undeserving of sympathy, constituting the rarest of rare case. The High Court was required to independently scrutinise the evidence and the sentence in the confirmation proceedings. The extracted judgment text covers the reference, the facts, the charge, and the prosecution witnesses up to paragraph 12; it does not contain the High Court's final reasoning or operative order. The court reserved judgment on 30 March 2022 and pronounced on 6 May 2022.
Headnote
A) Criminal Procedure - Death Sentence Confirmation - Reference Under Section 366(1) Cr.P.C. - Code of Criminal Procedure, 1973, Section 366(1) - The Additional Sessions Judge, Palghar, after convicting the accused under Section 302 IPC, awarded death sentence and referred the case to the High Court for confirmation. The High Court was required to examine the entire record to confirm or commute the sentence. Held: The confirmation proceeding requires independent judicial scrutiny of the conviction and sentence (Paras 1-2, 10). B) Criminal Law - Murder - Acid Attack Causing Death - Indian Penal Code, 1860, Section 302 - The accused was charged with double murder by pouring sulphuric acid on the victims while they slept, resulting in their deaths. The trial court held that the prosecution proved the charge beyond reasonable doubt through ocular, medical, forensic, and dying declaration evidence. Held: Acid attack causing death falls within the ambit of murder punishable under Section 302 IPC (Paras 3-4, 9, 11). C) Evidence - Dying Declarations - Oral and Written Dying Declarations - Indian Penal Code, 1860, Section 302; Code of Criminal Procedure, 1973, Section 366(1) - The prosecution relied on oral dying declarations made by both deceased to co-workers and written dying declarations recorded in hospital. The trial court heavily relied on these declarations to establish the accused's identity and guilt. Held: Dying declarations are substantive evidence, but their credibility and voluntariness must be carefully assessed (Paras 3, 8, 11.5). D) Criminal Law - Sentencing - Rarest of Rare Doctrine - Indian Penal Code, 1860, Section 302; Code of Criminal Procedure, 1973, Section 235(2) - The trial court characterized the acid attack double murder as unique, beyond imagination, and deserving no sympathy, thus applying the rarest of rare doctrine to impose death penalty. The High Court had to review whether the case met the constitutional standard for death sentence. Held: Death penalty is reserved for the rarest of rare cases; the High Court must evaluate aggravating and mitigating circumstances (Paras 3, 10). E) Criminal Procedure - Charge and Trial - Plea of Not Guilty - Code of Criminal Procedure, 1973, Sections 235(2), 366(1) - Charge framed under Section 302 IPC; accused pleaded not guilty and claimed trial; prosecution examined 12 witnesses. The case was committed to Sessions Court and tried accordingly. Held: The trial followed the prescribed procedure under Cr.P.C. (Paras 6-9).
Issue of Consideration
Whether the death sentence awarded to the accused for double murder by acid attack should be confirmed by the High Court; whether the prosecution proved the charge of murder under Section 302 IPC beyond reasonable doubt; whether the case falls within the rarest of rare category warranting death penalty.
Final Decision
The Additional Sessions Judge, Palghar, convicted the accused under Section 302 IPC and sentenced him to death for the murders of Rajkumar and Geetadevi, subject to confirmation by the High Court. The High Court is considering the confirmation reference under Section 366(1) Cr.P.C.; the final confirmation order is not available in the extracted text.
Law Points
- Section 302 IPC
- Section 366(1) Cr.P.C.
- Section 235(2) Cr.P.C.
- death sentence confirmation
- rarest of rare case
- dying declarations
- ocular evidence
- circumstantial evidence
- forensic evidence
- acid attack murder
