Bablu Alias Mubarik Hussain v. State of Rajasthan. - Synopsis
Ahir Mitra 1 Jul 2021

Bablu Alias Mubarik Hussain v. State of Rajasthan.

(2006) 13 SCC 116: (2007) 2 SCC (Cri) 590.

The appellant in this case was charged with murder and found guilty under Section 302 of the Indian Penal Code and also took plea of intoxication under Section 85 of Indian Penal Code. The appellant had assaulted his wife and children the day before the heinous act. His brother intervened and prevented him from torching his family.

The appellant then walked out of his residence the next morning at 5:00 a.m. and began yelling that he had killed everyone. In the house, his wife, three children, and a son, all minors, were discovered dead. A piece of string was wrapped around their toes. The key witnesses were the appellant's brother and neighbors'. The police were notified, and a charge sheet was filed, after which the trial court found the defendant guilty and sentenced him to death.

 The Appellant in this case is challenging his death sentence. He said he was intoxicated and hence unaware of the implications of his actions. The issue in this case was, whether the death penalty was properly used under the law in the circumstances.

The medical results, as well as the fact that the plea of being intoxicated was not raised in the Trial Court, show that this argument is built on a false pretext. The act of cold-bloodedly murdering five members of his family, including his own children, was totally brutal and cruel, placing him in the rarest of circumstances. As a result, the death punishment imposed is legitimate and will not be repealed.


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