The Karnataka High Court in the case Byluru Thippaiah And State of Karnataka in the case observed and has issued guidelines for the prosecution to follow while seeking Death Sentence before the trial court and during the confirmation of sentence in the Appellate court.
The Division bench comprising of Justice Suraj Govindaraj and Justice G Basavaraja in the case observed and has issued the guidelines while upholding the conviction and death sentence handed down to accused Byluru Thippaiah, 43, for murdering his wife, the sister-in-law and the three children who are below the age of 10 years, wherein suspecting the suspecting the fidelity of his wife.
The bench in the case observed while holding the accused guilty wherein considering the issue of sentence in order to analyse the mitigating factors, thus, calling upon the reports from various authorities.
The bench in the case observed and has stated that though the said matter was heard and the court reserved its judgement on November 22, 2022, wherein the court noted that there are several information which are required to be considered in order to consider the request of the Addl.SPP for confirmation of capital punishment we had issued directions for obtaining certain records and reports.
The court felt the need to issued the guidelines and the court stated that it would be required that before the hearing on sentence, the prosecutor places on record the following details:
1. The report of the Superintendent of Jail where the Accused in the case has been imprisoned with regard to the nature of work done, conduct and behaviour in jail.
2. The psychological and physiological evaluation of the Accused in the case at a date as close as possible to the commissioning of the offence as also a psychological and physiological evaluation report at the time when death penalty is demanded and the same is to be imposed by the public prosecutor.
3. The Report of the jurisdictional Probation Officer which contains the following details:
a. The Early family background of the appellant.
b. The Details of siblings, if any, and the relationship of them with the appellant.
c. Any proceedings which indicated the history of violence or neglect against the appellant or by the appellant.
d. The details as regards the parents of the appellant and the opinion of them as regards the appellant including that of his conduct.
e. The present family background of the appellant which includes the surviving family members, relationship that he has with the surviving family members.
f. The Education background of the appellant.
g. The social economic background of the appellant.
h. The Criminal antecedents of the appellant which include conviction or acquittal, if any, in other proceedings as also pending proceedings.
i. The assets and the income of the appellant.
j. The History of any unstable social behaviour or the mental or the psychological ailments of the appellant.
k. Whether the Appellant in the case can be reformed or rehabilitated.
It has also been stated by the said bench that the above reports are to be submitted firstly at the time when the Appellant is committed to trial, the second report, which at the time of hearing on sentence if the Appellant were to be convicted, third report at the time when the appeal is heard and the matter is reserved for judgment.
The counsel, Advocate S L Matti appeared for the Appellant.
The counsel, Addl SPP V M Banakar represented the respondent.
