Bablu @ Mubarik Hussain vs State of Rajasthan - Supreme Court Case
Bablu @ Mubarik Hussain vs State of Rajasthan - Supreme Court Case Summary of Leading Case -
On 12th December, 2006, a two Judges Bench in Bablu @ Mubarik Hussain vs State of Rajasthan [Criminal Appeal No.1302 of 2006] upheld the death sentence imposed by Courts below on Appellant who had murdered his wife and four minor children. The Bench rejected the contention of the Appellant that he was in a state of drunkenness and did not know the consequences of what he was doing.
The Bench held that “the defence of drunkenness can be availed of only when intoxication produces such a condition as the accused loses the requisite intention for the offence. The onus of proof about reason of intoxication due to which the accused had become incapable of having particular knowledge in forming the particular intention is on the accused.”
In the instant case, the Bench held that the “brutal acts done by the accused-appellant” were “diabolic in conception and cruel in execution. The acts were not only brutal but also inhuman with no remorse for the same. Merely because he claims to be a drunk at the relevant point of time, that does not in any way get diluted not because of what is provided in Section 85 IPC but because one after another five lives were taken and that too of four young children.”
“This case squarely falls under the rarest of rare category to warrant death sentence”, said the Bench.