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Nemu Ram Bora Vs. the State of Assam and Nagaland - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 144 of 1974
Judge
Reported inAIR1975SC762; 1975CriLJ646; (1975)1SCC318
ActsCode of Criminal Procedure (CrPC) - Sections 342; Indian Penal Code (IPC) - Sections 302
AppellantNemu Ram Bora
RespondentThe State of Assam and Nagaland
Appellant Advocate Gautam Goswami, Amicus Curia
Respondent Advocate S.K. Nandy, Adv.
Prior historyFrom the Judgment and Order dated November 16, 1971 of the Assam and Nagaland High Court in C.A. No. 43(J) of 1973 and Death Ref. No. 3 of 1973--
Excerpt:
- labour & services promotion: [tarun chatterjee & v.s. sirpurkar,jj] arrears of pay for period during which promotion denied due to pending criminal prosecution and departmental proceedings - office memorandum promoting him providing that no arrears to be paid for the period he had not actually worked legality - held, employer has a right to decide whether or not an employee deserves any salary for the intervening period after he is exonerated from criminal/disciplinary proceedings as held in union of india v k.v. jankirman, (1991 (4) scc 109). hence, no reason to interfere. .....by the trial judge. he sentenced the appellant to death. the reference for confirmation of the death sentence and the criminal appeal of the convict were heard together by the assam high court. the high court confirmed the conviction and the sentence. special leave was granted by this court limited to the question of sentence only. 2. after hearing learned counsel for the parties and on perusal of the judgments of the two courts below and specially in view of the confessional statement made by the appellant when he was examined under section 342 of the crpc, we have come to the conclusion that there was no particular motive for the appellant to commit the ghastly crime. he said that he was suffering from mental disorder since after he suffered a dog bite and committed the murder in.....
Judgment:

N.L. Untawalia, J.

1. The appellant committed the triple murder of his wife and two minor daughters. He was tried and convicted under Section 302 of the Penal Code by the Trial Judge. He sentenced the appellant to death. The reference for confirmation of the death sentence and the criminal appeal of the convict were heard together by the Assam High Court. The High Court confirmed the conviction and the sentence. Special leave was granted by this Court limited to the question of sentence only.

2. After hearing learned Counsel for the parties and on perusal of the judgments of the two Courts below and specially in view of the confessional statement made by the appellant when he was examined under Section 342 of the CrPC, we have come to the conclusion that there was no particular motive for the appellant to commit the ghastly crime. He said that he was suffering from mental disorder since after he suffered a dog bite and committed the murder in such a state of mind. His claim to that extent may be correct or not but we think that the triple murder was committed by the appellant as a result of some mental imbalance. It was not a pre-planned ghastly not of a criminal. The facts and circumstances of the case lead to the conclusion that in a certain stage of imbalance of mind he committed the crime. He, therefore, does not deserve the extreme penalty of death. Due to the special circumstances, a lenient view is warranted in his case. We therefore, allow the appeal on the question of sentence only and commutes his death sentence to one for imprisonment for life.


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