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Synopsis

The Supreme Court has on April 22, 2025 upheld the conviction of a man for killing his wife and four children and rape upon a daughter, but commuted his sentence of death penalty to life imprisonment till the end of natural life.

A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta while partly allowing the appeal, placed reliance upon the judgment in Ramesh A Naika Vs Registrar General, High Court of Karnataka Etc (2025) and considered the fact that the convict-appellant had no prior antecedents, maintained good conduct for the past 16-17 years of incarceration, managed difficulties in mental health and made consistent efforts at being a model prisoner, to hold that the imposition of death penalty would be unjustified.

"He is, therefore, removed from death row. However, considering the severity of the crime, the number of persons killed, that out of five four were his own children, we are of the view that he does not deserve to be set free and direct that he shall spend the remainder of his days in jail, till his last breath, hoping to do acts of penance to atone for the crimes he has committed and particularly for the fact that he extinguished four bright flames," the bench observed.

Court also looked into the aggravating and mitigating circumstances of the present case and relied upon the findings made in the Probation Officer’s report, mitigating investigator’s report and the report of psychological assessment to commute his sentence, in compliance of the principles laid down in Manoj Vs State of Madhya Pradesh (2023). 

The prosecution contended that Reji Kumar – appellant herein had, over a period of few days killed his wife Lissy and four children, namely, first daughter (12 years old), son (10 years old), second daughter (9 years old) and third daughter (3 years old). 

"We are left to wonder as to how someone who is supposed to feel the utmost love, care and affection for the young lives could have come to committing such a crime - where the lights of these lives have been extinguished in the most brutal of manners," the bench said.

Brief Background

The Kerala High Court on November 12, 2014 confirmed the death reference made by the Sessions Court, Palakkad under Sections 302, 376, 297 and 201 of the Indian Penal Code. The FIR in the case was lodged on July 23, 2008 at PS Pattambi, District Palakkad after two daughters were found death in the rented house of the appellant. The bodies of his wife Lissy, the son and third daughter were discovered in the septic tank on July 25, 2008 and from nearby fields.

The appellant convict was arrested on July 27, 2008. It was alleged, in the course of his employment as agricultural worker, he developed intimate relations with another woman, Baby alias Usha.               

The Trial Court held that the convict-appellant had indeed committed the murders of his wife and four children. He was sentenced to death penalty. The High Court upheld the conviction and the sentence.

"The primary charges of Sections 302 (four counts) and 376 (one count) IPC, stand proved. We affirm the findings of the courts below. The conviction of the convict-appellant, therefore, remains undisturbed," the bench added.

Case Title: Reji Kumar v. State of Kerala