Code of Criminal Procedure, 1973 - ss.366, 432 and 433A - Double murder - Appellant-accused committed murder of his wife and daughter in the background of inimical relationship between them on account of criminal cases registered against him by his wife for committing rape on the said daughter, for which he was sentenced to rigorous imprisonment for 12 years, and for attacking her after release on parole for which an FIR was registered against him - Appellant had committed the offence with a deadly weapon i.e. 'Kulhara' (Axe) - Trial court convicted the appellant u/ s.302 IPC and sentenced him to death - High Court affirmed the conviction and confirmed the death sentence - Held: In the peculiar facts and circumstances, the case did not fall within the category of 'rarest of rare case' though it called for stringent punishment - Appellant was feeling frustrated because of the attitude of his wife and children - It was thirst for retaliation, which became the motivating factor in this case - Appellant not such a dangerous person that sparing his life will endanger the community - He did not harm his other daughter, namely, PW-2 even though he had a good chance for the same - Moreover, probability of appellant's rehabilitation and reformation not foreclosed - Therefore, his sentence modified from one of death penalty to that of life imprisonment till the end of his life - Appellant to undergo rigorous imprisonment for life meaning thereby the end of his life subject, however, subject to remission granted by the appropriate Government satisfying the conditions prescribed in s.432 CrPC and further substantiate check u/s.433A CrPC by passing appropriate speaking orders.

According to the prosecution, the appellant-accused committed murder of his wife and daughter-'G' in the background of inimical relationship between them on account of criminal cases registered against him by his wife for committing rape on 'G', for which he was sentenced to rigorous imprisonment for 12 years, and for attacking her after release on parole for which an FIR was registered against him. The appellant had entered the scene of occurrence to commit the said offence carrying a deadly weapon i.e. 'Kulhara' (Axe) which was used in the commission of both the killings. The appellant committed the offence in the presence of his youngest daughter (PW-2). The trial court convicted the appellant under Section 302 IPC and sentenced him to death. By the impugned judgment, the High Court dismissed the appeal of the appellant and confirmed the death sentence imposed on him by the trial court.