Bablu alias Mubarik Hussain vs State of Rajasthan

Bablu alias Mubarik Hussain vs State of Rajasthan

Author : Darshi Sanghvi

BENCH

Dr. Arijit Pasayat, S.H. Kapadia

INTRODUCTION

The present case of Bablu alias Mubarik Hussain vs. State of Rajasthan seeks to determine the circumstances in which drunkenness can be considered as a valid excuse in case of the offence of murder and the circumstances in which a death sentence can be awarded.

FACTS

PW-1 Alladeen, through his written report, submitted that in the evening of 9.12.2005, the accused Bablu hit his wife and children, who were rescued through his help. However, the next morning around 5 am, his brother, the accused declared that he killed his wife Anisha, daughters Gulfsha, Nisha, Anta, Munni and son Babu by strangulating them one after another.

The accused’s brother described him as a person of notorious character. The dead bodies were lying on a mattress, each one’s thumb tied with a thread. A case was resultantly registered by the police for an offence under Section 302 of the Indian Penal Code. On the basis of the evidence led by the prosecution, like his declaration of the offence, his presence in the house and the recovery of his wife’s earring from his possession, the Trial Court also found the accused guilty of an offence under Section 302.

In the defence of the accused, it was stated that he was drunk and unaware of the consequences.

ISSUES AND FACTS OF LAW

• Whether the death sentence announced by Trial Court is correct.

• Whether drunkenness can be considered a relevant excuse in the present case.

JUDGEMENT

• In the present case, drunkenness cannot be considered as an excuse, considering the brutality and insensitivity of the offence committed by the accused.

• In light of the aforementioned facts, it can be undoubtedly held that the acts of the accused are diabolic in terms of conception and cruel with reference to execution.

• The facts prove that the present case is rightly considered to be the rarest of the rare, thus deserving a death sentence. The appeal stands dismissed.