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Synopsis

The Kerala High Court has commuted the death penalty of Thomas Chacko, also known as Shibu, to life imprisonment for his involvement in the brutal murder of his two young nephews, aged 7 and 3, respectively by slitting their throats in 2013.

The division bench, comprising Justice AK Jayasankaran Nambiar and Justice Syam Kumar VM, concluded that the case did not meet the criteria for the ‘rarest of rare cases’ that warrant the death sentence. "We are of the view that the facts in the instant case do not make it appropriate for classification under the head ‘rarest of rare’ warranting imposition of a death sentence on the appellant/accused. That said, we cannot lose sight of the heinous crime that was committed by the appellant/accused against two innocent children aged 7 and 3. The brutal manner in which the crime was committed on the children, who were the children of his own brother and in relation to whom he occupied a position of trust, certainly warrants a harsh punishment," the court stated.

The case involved Thomas Chacko who had a strained relationship with his father and sister-in-law, Bindhu, due to ongoing conflicts over property division. Bindhu lived in the family home with her two sons, Melbin (7) and Mebin (3). On the morning of October 27, 2013, Chacko visited his parental home with malicious intent. In a gruesome act, he slit the throats of Melbin and Mebin. When Bindhu attempted to intervene, he assaulted her and incapacitated her with chili powder before setting the house on fire and attempting suicide by consuming poison.

Chacko was charged under multiple sections of the Indian Penal Code, including 449 (house-trespass in order to commit an offence punishable with death), 323 (punishment for voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 436 (mischief by fire or explosive substance with intent to destroy house, etc.), and 302 (punishment for murder). The trial court found him guilty on all charges and sentenced him to death. The state filed adeath sentence reference before the Kerala High Court to confirm the death penalty.

The HC reviewed the mitigating factors presented by Chacko's lawyer and the Mitigation Investigation Report from Project 39A, a death penalty research organization. The court noted Chacko's lack of a previous criminal record and his productive use of time in prison.

Reports from the prison superintendent and the assistant professor of psychiatry revealed that Chacko, although asocial, was abiding by prison rules and expressed regret over the incident. Considering these factors, the court decided “a sentence of rigorous imprisonment for a period of 30 years without remission would serve the ends of justice and balance the conflicting interest of the appellant/accused, on the one hand, and the victim and the people at large on the other.” It also imposed a fine of ₹5,00,000, to be released to the parents of the deceased.

The court also directed the Kerala State Legal Services Authority (KELSA) to disburse the compensation due to the parents from the Kerala Victim Compensation Scheme if it had not yet been paid under Section 357-A (Victim compensation scheme) of the Criminal Procedure Code (CrPC).

 

Cause Title: STATE OF KERALA v THOMAS CHACKO @ SHIBU [.S.R.NO.2 OF 2019]