Introduction
In a landmark ruling, an Odisha court has sentenced accused to death for the chilling crime of stabbing his wife 33 times and slitting his 6-year-old daughter’s throat. Delivered on August 2, 2024, this judgment underscores the severe consequences of extreme domestic violence and sets a significant legal precedent in the Indian judicial system.
The Case
On 09.06.2022, in Khurda district, Odisha, Accused perpetrated a gruesome attack on his family. The prosecution presented evidence that accused violently attacked his wife(deceased) inflicting 33 stab wounds. The violence extended to their young daughter ,who suffered severe injuries after her throat was slit.
The prosecution argued that the crime was premeditated, demonstrating extreme brutality and a complete disregard for human life. Witness testimonies and forensic evidence corroborated the severity of the assault, painting a grim picture of the violence inflicted.
The Judgment
The 2nd Additional Sessions Judge, Bhubaneswar Ms. Bandana Kar delivered the verdict, describing the crime as a “violation of sacred trust and duty.” The court found accused guilty of multiple charges, including:
1. Murder under Section 302 of the Indian Penal Code (IPC): This section deals with the punishment for murder, prescribing life imprisonment or death penalty for the most heinous acts.
2. Attempt to Murder under Section 307 of the IPC: This section addresses attempts to murder, which was applicable due to the severe injuries inflicted on 6 years old daughter.
3. Assault under Section 323 and 324 of the IPC: These sections relate to causing hurt and grievous hurt, respectively, addressing the physical harm caused to the victims.
The court imposed the death penalty, classifying the case under the “rarest of rare” doctrine, as established in the landmark case of *Bachan Singh v. State of Punjab* (1980), where the Supreme Court of India articulated the criteria for awarding the death penalty.
Legal Implications
The judgment carries significant legal implications:
1.Precedent for Domestic Violence Cases : This case sets a precedent in the handling of extreme domestic violence, emphasizing the judiciary’s intolerance for such severe breaches of trust and familial duty.
2.Application of the Death Penalty: The decision underscores the application of capital punishment in India, particularly in cases deemed “rarest of rare.” It follows the principles laid out in *Machhi Singh v. State of Punjab* (1983), which refined the criteria for the death penalty.
3. Forensic Evidence in Convictions : The reliance on forensic evidence to establish the brutal nature of the crime highlights the critical role of scientific and medical evidence in securing convictions in severe cases.
Community and Social Reactions
The sentencing has prompted strong reactions from various sectors:
1.Advocacy Groups : Organizations focusing on domestic violence have welcomed the verdict as a significant step towards justice. They have also renewed calls for increased support systems and preventive measures to protect victims of domestic violence.
2.Legal Experts : The judgment has sparked discussions about the application of the death penalty and its role in the Indian criminal justice system, particularly in cases involving extreme violence.
3.Local Communities : The case has underscored the need for vigilant intervention and support mechanisms to address domestic violence and prevent such tragic incidents.
Conclusion
The Odisha court’s decision to impose the death penalty on accused for the brutal attack on his wife and daughter marks a critical moment in the fight against domestic violence. The judgment reflects the judiciary’s commitment to delivering justice in cases of extreme violence and reinforces the need for robust legal measures to address and prevent domestic abuse. As the legal community and society reflect on this case, it serves as a poignant reminder of the importance of vigilance, support for victims, and effective legal frameworks in combating domestic violence.