B.L. Hansaria JUDGMENT
B.L. Hansaria, J.
1. To hang or not to hang, is the basic question to be decided in this appeal. The murder of Vijaya was undoubtedly most foul. Even so, death sentence can be awarded if murder be of the "rarest of the rare" type. Let it be seen whether this was so.
2. The facts taken as established by the High Court, to whom .reference was made after the trial court had awarded the death sentence and appeals were preferred, are that Vijaya got officially married to the appellant on April 24,1990. This was against the wishes of his father Trimbak, who had wanted to get his son married to some other girl and had hoped for good dowry from that marriage. Vijaya could live only for a couple of days with her husband before she returned back to her parents' house, because she felt that she was persecuted by Priyatama, sister of the appellant. On return to her parents' house, she told her father Ashruba about the demand of dowry made by Trimbak and the appellant. The demand was of No. 25,000/-. Ashruba, however, being an employee with meagre salary, could agree to pay only No. 5,000/-. The further accepted case is that on or about December 2, 1990, the appellant took Vijaya to Bombay. On December 14, 1990, Trimbak and his wife Mudrikabai came to Bombay. All of them were seen together at about 9.15 p.m. Thereafter nobody saw Vijaya alive.
3. Vijaya had been taken to Bombay with a promise that she would be sent back on January 3, 1991 for delivery at her parents' house, as she was carrying a child of about 8 months then. As she did not come even 8-10 days after 3rd January, Ashruba got worried as to what had happened to her daughter. He sent his two sons to Bombay who, alongwith two of their friends, reached there on 15th January. On inquiry being made from the appellant about Vijaya, it was told that she was in good health. On desiring to meet her, the appellant, who was then a lecturer in Sardar Patel Engineering College at Andheri, said that he would take them to the house at about 4 p.m. when she could be met. The four persons then left for Juhu Beach and when came back to College around 4 p.m., they came to know that the appellant had already left without leaving any message. After making inquiries about the residential address they reached the place to be informed that the appellant and his father had left with bags and baggage. About Vijaya, neighbours told that she had been sent to her parents' house for delivery. This shocked the boys and they apprehended some foul play. Coming back to Aurangabad (the town where the parents lived) they narrated to Ashruba what had happened at Bombay. Further inquiries were made at Bombay to be given out the same story.
4. This led Ashruba to lodge a complaint at Borivli Police Station on 24th January. Police arrested Trimbak who expressed his willingness to show the place where Vijaya's head was thrown after she was murdered. The head was found in the shrub near Gorai Creek. The head was identified to be of Vijaya because of the peculiar nature of her curly hair and projected teeth. Trimbak further told to the police that body of Vijaya was cut in nine pieces and was kept in two suitcases which had been thrown in a Nala. Trimbak led to police that place but could not find the suitcases. The........