The High Court of Telangana passed a judgment on 28 April, 2023 stating that life imprisonment means the imprisonment for fourteen years, but the same can be extended by judicial sentencing to thirty years, with or without parole. It was stated in the case of The State Of Telangana vs Shaik Babu(Crl.A.No.293 of 2020 R.T.No.1 of 2020) which was passed by the division judge bench comprising of Honourable Justice P Naveen Rao, Honourable Justice Juvvadi Sridevi
FACTS OF THE CASE:
On 24.11.2019, at about 08:00 PM, the de facto complainant/Teku Gopi (PW.1) went to Lingapur Police Station and lodged a report stating that on that day, at about 06:30 AM, he along with his wife (deceased) went to Modiguda, Khairguda villages for selling utensils. He dropped the deceased at Yellapatar village for selling bowls and at about 02:00 PM, he returned to Yellapatar village and when he called the deceased on her mobile No.8331065878, it was found switched off. Then he searched for (2003) 8 SCC 551 PNR, J & JS, J RT No.1/2020 & Crl.A.No.293/2020 the deceased at Yellapatar village and Ramnaik Thanda village and its surroundings, but he did not find the deceased. He did not find the deceased even in the house. On enquiry, his relatives informed him that his wife had not come to their house also. Hence, PW.1 requested the police for taking necessary action. PW.24-Sub Inspector of Police registered a case in Crime No.49 of 2019 under the head “Woman Missing”, examined PW.1, LW.20-U.Raj Kumar PC-3574 (scribe of the complaint) and recorded their statements, collected the photograph of the missing woman, visited Yellapatar and Ramnaik Thanda villages along with other police personnel and made enquiries about the missing woman. While so, on the next day i.e. 25.11.2019, at about 09:30 AM, PW.1 went to Lingapur Police Station and lodged another complaint under Ex.P2 stating that on 25.11.2019 at about 06:00 AM, while he along with the villagers of Ramnaik Thanda was searching for the deceased, at about 09:00 AM, some of the villagers informed him that they saw a dead body in a pool of blood; on that information, he went to the spot and on observation, found the dead body as that of his wife. He also stated in the said complaint that the blouse of his wife was open, saree was pushed above the knees and legs were widened. He also stated that on the previous night, while he and his relatives PNR, J & JS, J RT No.1/2020 & Crl.A.No.293/2020 were enquiring, he came to know through the villagers that A1 to A3 were not present in the village .
JUDGEMENT OF THE CASE
The trial Court is not justified in awarding death sentence to A1 to A3 in the facts and circumstances of the case treating this case as a ‘rarest of rare’ case. Considering the overall aggravating and mitigating circumstances, we are of the view that sentencing A1 to PNR, J & JS, J RT No.1/2020 & Crl.A.No.293/2020 A3 to undergo life imprisonment with a rider to remain in custody till their last breath, without remission, would be an appropriate sentence in the present case. We, accordingly, pass the following order.The conviction of A1 to A3 of the offences under Sections 302 r/w 34 of IPC and r/w Section 3(2)(v) of SCs/STs (POA) Amendment Act, 2015, 376-D r/w 34 of IPC and r/w Section 3(2)(v) of SCs/STs (POA) Amendment Act, 2015 and Section 3(1)(w)(i) of SCs/STs (POA) Amendment Act, 2015; and the conviction of A2 and A3 of the offence under Section 404 r/w 34 of IPC, are maintained.
The sentence of death penalty awarded by the trial Court to A1 to A3 of the offence under Section 302 of IPC is commuted to imprisonment for life, with a rider that A1 to A3 shall remain in custody till their last breath, without remission.The other sentences imposed by the trial Court for the other offences mentioned hereinabove are maintained.The fine amount of Rs.26,000/- imposed by the trial Court and the default sentences are also maintained. All the sentences shall run concurrently.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
