1 | P a g e Neutral Citation No. ( 2025:JHHC:21294-DB ) Death Reference No. 02 of 2018 With Criminal Appeal (DB) No. 882 of 2018 Against the judgment and order of conviction and sentence dated 11.07.2018 (sentence passed on 13.07.2018) passed by Sri Rajeev Anand, learned Additional Judicial Commissioner-XIII, Ranchi in Sessions Trial No. 545 of 2014 Death Reference No. 02 of 2018 The State of Jharkhand ... Appellant Versus Nitesh Sahu @ Fitte @ Nitesh Kr. Sahu, son of late Shiv Nandan Sahu, resident of Village Lahna, P.O. & P.S. Ratu, District Ranchi … Respondent With Criminal Appeal (DB) No. 882 of 2018 Nitesh Sahu @ Fitte @ Nitesh Kr. Sahu, son of late Shiv Nandan Sahu, resident of Village Lahna, P.O. & P.S. Ratu, District Ranchi ... Appellant Versus The State of Jharkhand … Respondent ---- PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE SANJAY PRASAD For the Appellant (accused) : Mr. B. M. Tripathi, Sr. Advocate For the Respondent (State) : Mr. Vineet Kumar Vasishtha, Spl.PP CAV Judgement Delivered on 18.07.2025 ---- Rongon Mukhopadhyay, J. : 1. Heard Mr. B. M. Tripathi, learned senior counsel appearing for the appellant and Mr. Vineet Kumar Vasishtha, learned Spl.PP. 2. This appeal is directed against the judgment and order of conviction and sentence dated 11.07.2018 (sentence passed on 13.07.2018) passed by Sri Rajeev Anand, learned Additional Judicial Commissioner-XIII, Ranchi in Sessions Trial No. 545 of 2014, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302 of the Indian Penal Code (IPC) and has been sentenced to death along with a fine of Rs. 5,000/-. 2 | P a g e 3. The prosecution case arises out of the fardbeyan of Nikky Kumari recorded on 13.02.2014 in which it has been stated that in the intervening night of 12/13.07.2014, the informant was sleeping along with his mother Kunti Devi and brother Raghu Sahu in a cot whereas her father Shiv Nandan Sahu slept on the ground. Her elder step brother (appellant) slept in the adjoining room. It has been alleged that at about 2.30 a.m. the informant had seen the appellant assaulting her father with a Tangi on his neck. Hearing the sound, the informant, her mother and younger brother woke up, but by that time her father was dead. When the mother of the informant screamed at Nitesh (appellant) on seeing such ghastly crime, the accused had assaulted her mother and her younger brother, which resulted in their death. The appellant had also raised an axe upon her, but when she pleaded to let go of her and agreed to do whatever he orders, she was directed to drag the body of her mother outside and in the meantime, the accused returned with a rickshaw. It has been alleged that the accused had started lifting the dead body of the mother of the informant in the rickshaw and in the meantime the aunt of the informant who had come out to relieve herself and being shocked at the misdeeds of the accused had gone to call her husband at which the accused kept the dead body of the mother of the informant inside the house and fled away. When the family members of the informant started gathering the informant had disclosed the incident to them. She had disclosed that the appellant did nothing for earning a living and was addicted to playing cards. He also used to demand money from his parents for which he was rebuked and it was the reason which incited him to commit the murder. Based on the aforesaid allegations, Ratu P.S. Case No. 147/2014 was instituted u/s 302 IPC against Nitesh Sahu @ Fitte. On completion of the investigation, charge-sheet was submitted u/s 302 IPC and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 545 of 2014. Charge was framed against the accused for the offence punishable u/s 302 of the I.P.C. vide order dated 3 | P a g e 04.04.2015 which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried. 4. The prosecution has examined as many as eight (08) witnesses in support of its case. P.W. 1-Parmeshwar Mahto has stated that he had gone to the place of occurrence and he had seen the dead bodies of Shiv Nandan Sahu, his wife and son lying on the ground. The entire village had gathered near the dead bodies. He does not know as to how the incident had occurred. The police had not come during the time, he was present at the place of occurrence. A blood stained cloth was seized by the police in his presence and he had signed on the seizure list which has been identified by him and marked as Ext. 1. His statement was not recorded by the police. This witness was declared hostile by the prosecution. P.W. 2 Vikas Kumar Gupta has stated that on the date of the incident, he had seen a crowd gathered in front of the house of his uncle Shiv Nandan Sahu. When he went to the place of occurrence, he had seen the dead bodies of Shiv Nandan Sahu, aunt Kunti Devi and the son of Shiv Nandan Sahu. Nikky Kumari, the daughter of Shiv Nandan Sahu was crying. He has put his signature in the seizure list which has been marked as Ext. 1/1. The police had recorded his statement and he had disclosed that he had not seen the occurrence. This witness was also declared hostile by the prosecution. P.W. 3 Ram Vimal Sahu has stated that in the morning he had seen the door of the house of his brother Shiv Nandan Sahu open. When he went inside, he found the dead body of Raghu Sahu and Kunti Devi lying in a pool of blood. When he went further inside the house, he found the dead body of his brother Shiv Nandan Sahu. After the postmortem was conducted, the dead bodies were cremated. He has identified his signature in the Fardbeyan which has been marked as Ext. 2. This witness has also been declared hostile by the prosecution. 4 | P a g e P.W. 4 Leelawati Devi and P.W. 5 Gopal Prasad have expressed their ignorance about the incident and hence both these witnesses were declared hostile by the prosecution. P.W. 6 Dr. Devendu Bose was posted as a Junior Resident, Non- Academic of FMT, RIMS, Ranchi and on 13.07.2014 he had conducted autopsy on the dead body of Shiv Nandan Sahu and had found the following: External Findings : 1. Average built, rigor mortis present all over the body. Abdomen slightly distended. Dry blood stain on upper part of chest, cloth and in front of neck. Internal Findings : 1. Incised wound (i) 8x1cm bone deep left ear adjoining left mastoid process cutting of soft tissues and underlying bone (ii) 9x1 cm soft tissue deep front of left leg lower part cutting of soft tissues and blood vessels. (iii) 9x1 cm bone deep front of left chest upper part cutting of soft tissues, sternum at 2nd rib level and left lung with presence of blood and blood clots in left chest cavity. (iv) 9x1 cm bone deep right lateral neck upper part cutting of soft tissues, blood vessels, trachea, oesophagus and partial cut on 2nd cervical vertebra. (v) 9x1 cm bone deep right lateral neck middle part cutting of soft tissues, blood vessels, trachea, oesophagus and partial cut of 5th cervical vertebra laterally. (vi) 7x1 cm soft tissue deep right lateral neck lower part. (vii) brain, spinal cord, spleen, liver and both kidneys were pale. (viii) stomach and its contents :- rice particle 300 gms. (ix) Both heart chambers empty. The injuries were opined to be antemortem in nature caused by heavy sharp cutting weapon. The death was caused due to the combined effect of haemorrhagic shock and asphyxia as a result of the above noted injuries. He has proved the postmortem report which has been marked as Ext. 3. On the same day, he had conducted autopsy on the dead body of Kunti Devi and had found the following: 5 | P a g e External Findings : 1. Average built, rigor mortis present all over the body. Abdomen slightly distended. Dry blood stain on back of neck and cloth. Internal Findings : 1. Incised wound (i) 5x1cm bone deep right mastoid region cutting of soft tissues and underlying mastoid bone (ii) 5x1 cm bone deep back of right neck lower part cutting of soft tissues, blood vessels and partial cut of 5th cervical vertebra posteriorly (iii) 4x1 cm soft tissue deep back of right neck lower part (iv) 7x1 cm soft tissue deep front of right shoulder (v) 4x1 cm bone deep right scapula region cutting of soft tissues and partial cut of right scapula bone (vi) 7x1 cm bone deep left lateral neck upper part cutting of soft tissues, blood vessels, trachea, oeshophagus and partial cut of 2nd cervical vertebra (vii) 8x1 cm soft tissue deep left lateral neck middle part cutting of soft tissues and blood vessels (viii) stomach and its contents: pasty material 100 gms. (ix) Both heart chambers empty (x) brain and spinal cord, lungs, spleen, liver and both kidneys were pale. (xi) uterus normal. The cause of death has been opined to be due to the combined effect of haemorrhagic shock and asphyxia as a result of the above noted injuries. The injuries were antemortem in nature caused by heavy sharp cutting weapon. He has proved the postmortem report which has been marked as Ext. 4. On the same day, he had conducted autopsy on the dead body of Raghu Sahu and had found the following: External Findings: 1 Average built, rigor mortis present all over the body. Abdomen slightly distended. Dry blood stain on left side of neck and cloth. Internal Findings: 6 | P a g e 1. Abrasion (i) 3x1/2 cm left lateral neck upper part (ii) 5x1/2 cm left arm lateral side upper part (iii) 4x1 cm left leg medial side middle part 2. Incised wound (i) 5x1 cm bone deep left lateral neck upper part cutting of soft tissues, blood vessels, trachea, oeshophagus and partial cut of 2nd cervical vertebra (ii) 8x2 cm soft tissue left scapula region (ii) Brain and spinal cord, lungs, liver, spleen and both kidneys were pale. Both heart chambers were empty. Stomach and its contents: pasty material 20cc. All the injuries were antemortem in nature and abrasions were caused by hard and blunt substance while incised wounds were caused by heavy sharp cutting weapon. The cause of death has been opined to be due to haemorrhagic shock and asphyxia as a result of the incised wounds. He has proved the postmortem report which has been marked as Ext. 5. In cross examination he has stated that death was caused due to heavy sharp cutting weapon which may be sword, axe, meat cleaver, etc. P.W. 7 Gandhi Bhagat was posted as a Junior Sub Inspector of Police at Ratu P.S. and on 13.07.2024 on the orders of the Officer-in-Charge of Ratu P.S., he had taken over the investigation of the case. He has proved the endorsement on the Fardbeyan of Nikky Kumari which has been marked as Ext. 6. He has also proved the Fardbeyan which has been marked as Ext. 7 and the formal F.I.R. which has been marked as Ext. 8. He had recorded the Fardbeyan of the informant and thereafter prepared the inquest report of Shiv Nandan Sahu, Kunti Devi and Raghu Sahu. He had prepared the seizure list which has been proved and marked as Ext. 9. He had inspected the place of occurrence which is the house of the informant situated at a distance of 3 kms. from Ratu P.S. at Village Lohra. The house of the informant is surrounded in the East by the house of Balchand Sahu, in the West by the house of Ram Vilas Sahu and in the South there is a PCC road. He had recorded the restatement of the informant who had supported the occurrence. He had also recorded the statements of Ram Vilas Sahu, Leelawati Devi, Vikas Kumar Gupta, Prem Shankar Mahto and Gopal 7 | P a g e Prasad and all have supported the occurrence. The appellant was thereafter arrested and his confessional statement was recorded which has been proved and marked as Ext. 10. He had also obtained the postmortem report of the deceased and had submitted charge sheet against the appellant u/s 302 IPC. He has proved the letter of the Officer-in-Charge of Ratu P.S. for production of seized materials which has been marked as Ext. 11. He has proved the blood stained axe which has been marked as material Ext.-I. In cross examination he has deposed that he had not sent the seized axe for examination to F.S.L. He has not stated to the accused that his confessional statement can be used against him. P.W. 8 Nikky Kumari has stated that the occurrence had taken place on 13.07.2014 at around 2.30 a.m. She was sleeping along with her mother and brother in a cot, while her father slept on the ground. On hearing a sound, she got up and saw the appellant assaulting her father repeatedly on his neck with an axe. When her mother opened the gate, the appellant had thrown the axe upon her which struck on her back and she fell down. At this the appellant had struck her on her back 2-3 times with an axe. She was standing in a corner of the room along with her younger brother Raghu, but the appellant felled her brother and assaulted him with the axe resulting in his death. The appellant had come to assault her, but let her off when she pleaded for mercy. The appellant had thereafter gone out for bringing a rickshaw and on getting it tried to dump the dead bodies in the rickshaw. In the meantime, her uncle came out and raised an alarm at which the appellant had fled away. She has proved her signature in the Fardbeyan which has been marked as Ext. 12. The murders were committed by her step brother in order to usurp the property. In cross examination she has deposed that at present she lives in a hostel at Bishop Westcot Girls School, Namkum and studies at Class-V. The rooms in which she and the deceased were sleeping and the appellant was sleeping are adjacent to each other, but it did not have any doors. She awoke, when the appellant had struck with an axe her father for the first 8 | P a g e time. She had witnessed the assaults subsequently committed upon her father. When they raised alarm and when her mother went to open the gate the appellant had thrown the axe on her. Her mother was struck twice or thrice by the accused. 5. The statement of the accused was recorded under Section 313 Cr.P.C. in which he has denied of participating in the commission of the murders. 6. The defence has examined two (02) witnesses in support of its case. D.W.-1 Indrajit Kumar has stated that on information received over telephone by the brother of Shiv Nandan Sahu, he had come to the house of Shiv Nandan and had seen the dead bodies of Shiv Nandan, his wife as well as his son. He has stated that Nikky Kumari at that point of time was residing at her maternal grandfather’s place. In cross examination he has deposed that he does not know as to who had committed the assault. D.W.-2 Tarkeshwar Sahu has stated that in the morning while he was going towards the pond, he had seen a crowd having assembled in front of the house of Shiv Nandan Sahu and had seen the dead bodies of three persons. He had heard from the persons present that Nikky Kumari had gone to the house of her maternal grandfather which saved her from the wrath of the accused. In cross examination he has deposed that he does not know as to who had committed the murders. 7. It has been submitted by Mr. B. M. Tripathi, learned senior counsel for the appellant that the conviction is based upon the evidence of P.W.-8, who the prosecution claims to be an eye witness and who was aged 8 years at the time of the occurrence. It has been submitted that the learned trial court had not properly appreciated the evidence of P.W.-8 as apart from being the sole eye witness, she is also a child witness which all the more requires proper scrutiny and appreciation. It has been submitted that the evidence of P.W.-8 has remained uncorroborated as the primary witnesses P.W.-1, P.W.-2, P.W.-3, P.W.-4 and P.W.-5 have been declared hostile by the 9 | P a g e prosecution. Mr. Tripathi has submitted that the learned trial has not properly appreciated the defence witnesses though the defence witnesses have to be given the same weightage as prosecution witnesses. Mr. Tripathi has taken us through the Fardbeyan while submitting that the informant has developed her case during trial in her evidence as P.W.-8. 8. Mr. Vineet Kumar Vasishtha, learned Spl.PP has submitted that though P.W.-8 is the sole eye witness to the occurrence, but her evidence is reliable and trustworthy. It has further been submitted that the Fardbeyan of the informant and her evidence as P.W.-8 clearly reveals consistency and in fact the evidence of P.W.-8 has been corroborated by the other features of the case though several of the witnesses of the prosecution have been declared hostile. It has further been submitted that the appellant was an inmate of the house being the step brother of P.W.-8 and absence of any other family members being present would automatically point towards the appellant of being the perpetrator of all the murders. 9. We have heard the submissions of the learned counsel for the respective sides and have also perused the trial court records. 10. The incident had occurred in the dead of night when the informant, her parents and brother were sleeping in one room while in the adjoining room the appellant who is the step brother of the informant was sleeping. Having woken up on hearing some sound, the informant had clearly seen the appellant giving axe blows upon her father and the informant was also threatened by the appellant. Subsequently the appellant had also committed the murders of his mother and his step brother. There is nothing on record to suggest that save and except the family members of the informant which also included the appellant and being five in number, no other persons were present inside the house. Though it is a fact that several of the witnesses have been declared hostile by the prosecution, but the evidence of P.W.-8 is reliable and trustworthy and also evokes confidence. P.W.-8 has given a vivid description of the incident of assault committed by the appellant with an axe and which started with the father of P.W.-8 being the first victim 10 | P a g e followed by concerted assault upon her mother and younger brother. It was only on account of the pleadings made by P.W.-8 that she was let off. She has also reasoned in her evidence that only in order to usurp the property, the appellant had committed the murders though in the Fardbeyan she had given a different version to the effect that the appellant was arguing at his parents on refusal to give him money for which he was reprimanded and rebuked. Even if, we assume that there is some contradiction with respect to the motive as projected by P.W.-8, but the same would become inconsequential on account of the eye witness account of P.W.-8. Motive in case of a direct evidence in which the incident has been witnessed takes a back seat. As we have noted above, the evidence of P.W.-8 cannot be discarded in any circumstances as it inspires confidence and is trustworthy which the learned trial court has appropriately considered while convicting the appellant for the offence u/s 302 IPC. 11. We accordingly in view of the discussions made herein above affirm the judgment of conviction of the appellant. 12. So far as the sentence which has been imposed upon the appellant by the learned trial court which is of imposition of death sentence is concerned, we shall take note of the mitigating and aggravating circumstances which are emanating from the case. 13. Mr. B.M. Tripathi, learned senior counsel for the appellant has submitted that the appellant had committed the assault not in a preplanned manner, but only on account of a previous grudge against the father of the informant. He has submitted that the appellant is a young boy and considering the entire scenario, the sentence be modified to imprisonment for life. 14. Mr. Vineet Kumar Vasishtha, learned Spl.PP. has on the other hand laid stress on the heinous manner in which the assault was committed upon the parents and brother of P.W.-8 and such dastardly act according to the learned Spl. P.P. does not deserve any leniency and he has therefore prayed 11 | P a g e that the death sentence imposed upon the appellant by the learned trial court be affirmed. 15. In the case of Machhi Singh v. State of Punjab reported in 1983 SCC 470 it has been held as follows:- “32. The reasons why the community as a whole does not endorse the humanistic approach reflected in “death sentence- in-no-case” doctrine are not far to seek. In the first place, the very humanistic edifice is constructed on the foundation of “reverence for life” principle. When a member of the community violates this very principle by killing another member, the society may not feel itself bound by the shackles of this doctrine. Secondly, it has to be realized that every member of the community is able to live with safety without his or her own life being endangered because of the protective arm of the community and on account of the rule of law enforced by it. The very existence of the rule of law and the fear of being brought to book operates as a deterrent for those who have no scruples in killing others if it suits their ends. Every member of the community owes a debt to the community for this protection. When ingratitude is shown instead of gratitude by “killing” a member of the community which protects the murderer himself from being killed, or when the community feels that for the sake of self-preservation the killer has to be killed, the community may well withdraw the protection by sanctioning the death penalty. But the community will not do so in every case. It may do so “in rarest of rare cases” when its collective conscience is so shocked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty. The community may entertain such a sentiment when the crime is viewed from the platform of the motive for, or the manner of commission of the crime, or the anti-social or abhorrent nature of the crime, such as for instance: I. Manner of commission of murder 33. When the murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community. For instance, (i) when the house of the victim is set aflame with the end in view to roast him alive in the house. 12 | P a g e (ii) when the victim is subjected to inhuman acts of torture or cruelty in order to bring about his or her death. (iii) when the body of the victim is cut into pieces or his body is dismembered in a fiendish manner. II. Motive for commission of murder 34. When the murder is committed for a motive which evinces total depravity and meanness. For instance when (a) a hired assassin commits murder for the sake of money or reward (b) a cold-blooded murder is committed with a deliberate design in order to inherit property or to gain control over property of a ward or a person under the control of the murderer or vis-a-vis whom the murderer is in a dominating position or in a position of trust, or (c) a murder is committed in the course for betrayal of the motherland. III. Anti-social or socially abhorrent nature of the crime 35. (a) When murder of a member of a Scheduled Caste or minority community etc., is committed not for personal reasons but in circumstances which arouse social wrath. For instance when such a crime is committed in order to terrorize such persons and frighten them into fleeing from a place or in order to deprive them of, or make them surrender, lands or benefits conferred on them with a view to reverse past injustices and in order to restore the social balance. (b) In cases of “bride burning” and what are known as “dowry deaths” or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infatuation. IV. Magnitude of crime 36. When the crime is enormous in proportion. For instance when multiple murders say of all or almost all the members of a family or a large number of persons of a particular caste, community, or locality, are committed. V. Personality of victim of murder 37. When the victim of murder is (a) an innocent child who could not have or has not provided even an excuse, much less a provocation, for murder (b) a helpless woman or a person rendered helpless by old age or infirmity (c) when the victim is a person vis-a-vis whom the murderer is in a position of domination or trust (d) when the victim is a public figure generally loved and respected by the community for the services rendered by him and the murder is committed for political or similar reasons other than personal reasons. 13 | P a g e 38. In this background the guidelines indicated in Bachan Singh case will have to be culled out and applied to the facts of each individual case where the question of imposing of death sentence arises. The following propositions emerge from Bachan Singh case: “(i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability. (ii) Before opting for the death penalty the circumstances of the ‘offender’ also require to be taken into consideration along with the circumstances of the ‘crime’. (iii) Life imprisonment is the rule and death sentence is an exception. In other words death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the crime, and provided, and only provided, the option to impose sentence of imprisonment for life cannot be conscientiously exercised having regard to the nature and circumstances of the crime and all the relevant circumstances. (iv) A balance sheet of aggravating and mitigating circumstances has to be drawn up and in doing so the mitigating circumstances have to be accorded full weightage and a just balance has to be struck between the aggravating and the mitigating circumstances before the option is exercised. 39. In order to apply these guidelines inter alia the following questions may be asked and answered: (a) Is there something uncommon about the crime which renders sentence of imprisonment for life inadequate and calls for a death sentence? (b) Are the circumstances of the crime such that there is no alternative but to impose death sentence even after according maximum weightage to the mitigating circumstances which speak in favour of the offender?” In the case of Khushwinder Singh State of Punjab reported in (2019) 4 SCC 415 it has been held as follows:- 14. Now, so far as the capital punishment imposed by the learned Sessions Court and confirmed by the High Court is concerned, at the outset, it is required to be noted that, as such, the learned counsel appearing on behalf of the accused is not in a 14 | P a g e position to point out any mitigating circumstance which warrants commutation of death sentence to the life imprisonment. In the present case, the accused has killed six innocent persons, out of which two were minors — below 10 years of age. Almost, all the family members of PW 5 were done to death in a diabolical and dastardly manner. Fortunately, or unfortunately, only one person of the family of PW 5 could survive. In the present case, the accused has killed six innocent persons in a pre-planned manner. The convict meticulously planned the time. He first kidnapped three persons by way of deception and took them to the canal and after drugging them with sleeping tablets, pushed them in the canal at midnight to ensure that the crime is not detected. That, thereafter he killed another three persons in the second stage/instalment. Therefore, considering the law laid down by this Court in Mukesh v. State (NCT of Delhi)3, the case would fall in the category of the “rarest of rare case” warranting death sentence/capital punishment. The aggravating circumstances are in favour of the prosecution and against the accused. Therefore, striking a balance between the aggravating and mitigating circumstances, we are of the opinion that the aggravating circumstance would tilt the balance in favour of capital punishment. In the facts and circumstances of the case, we are of the opinion that there is no alternative punishment suitable, except the death sentence. The crime is committed with extremist brutality and the collective conscience of the society would be shocked. Therefore, we are of the opinion that the capital punishment/death sentence imposed by the learned Sessions Court and confirmed by the High Court does not warrant any interference by this Court. Therefore, we confirm the death sentence of the accused imposed by the learned Sessions Court and confirmed by the High Court while convicting the appellant for the offence punishable under Section 302 IPC. 16. The aggravating and mitigating factors have been enumerated in the case of Deendayal Tiwari v. State of Uttar Pradesh reported in 2025 SCC Online SC 237. “19. Aggravating Factors 19.1 Brutal multiple murders: The Appellant has been found guilty of murdering five persons—his own wife and four minor daughters. This crime, by its very nature, is undeniably grave and horrific. 19.2 Position of trust and vulnerability of victims: The deceased were defenseless, particularly the four minor daughters, placing a moral onus on the Appellant to protect them. Instead, they were brutally killed in their own home. 19.3 Impact on societal conscience: Undeniably, such a crime of multiple homicides within a family can shock the collective conscience of the society. 15 | P a g e 20. Mitigating Factors 20.1 Absence of previous criminal antecedents: The record does not disclose any prior conviction or past criminal history on the part of the Appellant. 20.2 Reports suggesting scope for reformation: In compliance with our directions, the State has placed on record the report of the Superintendent of District Jail, Ayodhya. It indicates that the Appellant's behavior in custody has been “satisfactory” and “normal,” noting that he has been performing assigned duties (such as cleaning/sweeper tasks) without any adverse conduct. While prison conduct alone is not determinative, it is a factor supportive of the possibility of reformation. 20.3 Socio-economic and personal circumstances: Nothing on record suggests that the Appellant is incapable of rehabilitation. He does not appear to be a hardened criminal who poses an enduring menace to society. 20.4 Possibility of commutation- In several cases involving multiple homicides, this Court has nonetheless commuted the death penalty to life imprisonment, acknowledging the potential for reformation or considering other mitigating factors. In State of Uttar Pradesh v. Krishna Master, (2010) 12 SCC 324, the accused wiped out almost an entire family, six persons on the ground of saving “honour.” Despite the heinous nature of the crime, this Court commuted the death sentence to rigorous imprisonment for life along with a fine. Similarly, in Prakash DhawalKhairnar (Patil) v. State of Maharashtra, (2002) 2 SCC 35, the Appellant therein had annihilated his brother's entire family, but this Court held that although the crime was heinous, it could not be classified as ‘rarest of rare.’ It was emphasized that there existed a possibility of reforming the offender.” 17. It is no doubt true that the appellant had committed the murder of his parents and his younger brother with an axe which resulted in their death and as we have noted above, the conviction of the appellant u/s 302 I.P.C. has been affirmed by us. 18. It seems that the initial act of assault was committed upon the father of the appellant and the other victims could have been spared had not the mother of the appellant seen the incident and screamed which resulted in an assault upon the mother as well as brother of the appellant. The informant who is the step sister of the appellant, would have also been subjected to assault but as she was a child, the appellant had spared her and 16 | P a g e had taken her help in dragging the dead body of her mother outside the house. The appellant is a young person and there is nothing on record to suggest that the appellant has any criminal antecedents or that there is no chance of reformation of the appellant. There is also nothing on record to suggest about any act of the appellant which can be construed to mean that chances of reformation and rehabilitation of the appellant is negligible. 19. The mitigating circumstances therefore would in the facts and circumstances of the case gain considerable strength and would out weigh the aggravating circumstances apart from the fact that this case cannot construed to be in the category of the rarest of rare cases and in such circumstances, therefore, we modify the sentence of the appellant from Capital punishment to imprisonment for life. 20. The Reference is accordingly answered and Criminal Appeal (DB) No. 882 of 2018 is dismissed with the modification in the sentence imposed upon the appellant. Pending I.A., if any stands disposed of. (RONGON MUKHOPADHYAY,J.) (SANJAY PRASAD, J.) Jharkhand High Court, Ranchi Dated the 18 th July, 2025 MK/N.A.F.R.