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The accused man had attacked two women, his wife and sister-in-law and three children in the house, hacked them and chopped them resulting in multiple injuries. After the killings he came out of the house, proclaiming that he has killed the prostitutes while holding a chopper covered in blood.
The Karnataka High Court has upheld the 6death penalty awarded to a man for hacking his wife, sister-in-law and three minor children while suspecting her fidelity.
A bench of Justices Suraj Govindraj and G Basavaraja said the manner in which offence has been committed would shock the conscience of anybody and had indeed shocked its conscience, despite it having dealt with so many cases of offences relating to murder.
The appellant Byluru Thippaiah of Ballari district was accused of having attacked two women, wife and sister-in-law and three children in the house, hacked them and chopped them resulting in multiple injuries. After the killings on February 25, 2017, the appellant came out of the house, proclaiming that he has killed the prostitutes while holding a chopper covered in blood.
The Sessions Court at Ballari held him guilty of murder and awarded him a death sentence on December 3, 2019 on basis of depositions of 36 witnesses.
Analysing the aggravating and mitigating circumstances, the high court said there was no extreme mental or physical disturbance or extreme provocation for the appellant to have committed the offence. "There is nothing which could indicate that what he has done is as a result of any persistent harassment. There is no any particular justification moral or otherwise that could be given for such an offence. There are no circumstances favouring the appellant in the present manner", the bench added.
"The atrocity of the crime resulting in five deaths including of three children below 10 years of age and the brutality with which the same has been committed, leaves us no option but to confirm the order of death sentence passed by the trial court, which we do with a heavy heart. This in our considered opinion qualifies the test of rarest of rare cases requiring the award of death penalty," the bench said.
The court further noted that there was no family left except for the appellant's daughter, who he believed was born of him. He has in fact destroyed his entire family on the basis of the alleged suspicion and there is none available for him to reform himself for, court said.
Before upholding the trial court's order, the bench had called for the reports from Taluk Legal Services Authority, Amin, third Additional District and Sessions Judge, probation officer and Dharwad Institute of Mental Health and Neurosciences.
High Court has further directed the District Legal Service Authority (DLSA) to determine and make necessary arrangements for payment of compensation in terms of Sections 357 and 357A of the Code of Criminal Procedure, to the daughter of the deceased.
The court has also directed that a copy of the order be sent to the Director General of Police, and the Director Public Prosecution to issue necessary directions and/or Standard Operating Procedure to all Public Prosecutors and Investigating Officers making it mandatory for them to comply with the directions laid down by the Supreme Court in 'Manoj and others vs State of Madhya Pradesh' (May 20, 2022).
The apex court in said decision had ordered that the prosecution should produce reports from Jail Superintendent about the conduct and behaviour, a psychological and physiological evaluation and the probation officer's report on background of the convict.
Case Title: Byluru Thippaiah vs. The State of Karnataka
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