Karnataka High Court upholds death sentence, issues rules for public prosecutors

The court directed the registry to forward the case file to the District Legal Services Authority to determine the compensation money and make arrangements to pay it to the daughter of the deceased.
Karnataka High Court (Photo | EPS)
Karnataka High Court (Photo | EPS)

BENGALURU:  The Karnataka High Court has issued guidelines regarding details to be provided by public prosecutors seeking confirmation of the death penalty awarded to the accused when they file an appeal against the same. A division bench of Justice Suraj Govindaraj and Justice G Basavaraja passed the order while confirming the capital punishment awarded by the trial court in 2019 to Byluru Thippaiah (43), a labourer from Kenchanagudda Halli in Ballari District, for murdering three children, his wife and sister-in-law.

Dismissing the appeal filed by Thippaiah against the trial court judgment, the court said the appellant should be hanged till his death. In February 2017, Thippaiah assaulted his wife Pakkeeramma, suspecting her fidelity, her sister Gangamma and children Pavithra, Nagaraj and Basamma with a chopper. Four of them died on the spot, while Basamma died on the way to hospital.

“The offence relates to murder of five individuals, who are helpless women and children. The murder was committed only on the alleged suspicion of the appellant that his wife and sister-in-law were having an illicit relationship and the children were not his,” the court observed. The court directed the registry to forward the case file to the District Legal Services Authority to determine the compensation money and make arrangements to pay it to the daughter of the deceased.

The court also directed the registry to forward a copy of this order to the Director of Prosecution and also to the Director-General of Police for compliance by issuing directions or standard operating procedures to all public prosecutors and investigating officers making it mandatory for them to comply with 
the directions. 

DETAILS TO BE SUBMITTED BY PUBLIC PROSECUTORS
Report from the jail superintendent with regard to the nature of work done, conduct and behaviour in jail, psychological and physiological evaluation at a date as close as possible to the commissioning of the offence, at the time when the death penalty is demanded. Report from the jurisdictional probation officer on details of early and present family background of the appellant-accused, details of siblings, any history of violence or criminal antecedents, including conviction or acquittal or pending, parents of the accused, education and social economic background, whether he can be reformed or rehabilitated.
 

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