Supreme Court commutes death sentence of man who killed his wife, 4 children and raped his own daughter, for his ‘consistent efforts at being a model prisoner’

The Supreme Court on Tuesday (22nd April) commuted the death penalty of a man convicted of brutally murdering his entire family, including his wife and 4 children, in Kerala and raping his own daughter. The convict named Reji Kumar alias Reji was granted a death sentence in 2010 trial court, which found him guilty of the murdering his wife Lissy and 4 children, aged 12, 10, 9 and 3, and raping his eldest daughter before killing her.

Reji’s conviction and the death penalty were upheld by the Kerala High Court in 2014, which noted, “Here, the evidence is conclusive enough to hold that the appellant had no repentance at all.”

The convict moved the Supreme Court challenging the order of the High Court. Deciding on his appeal, a bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta observed that the convict showed ‘significant improvement’ in his conduct during his imprisonment. The court noted that he did not have any criminal history, was given responsibilities by jail authorities, and donated ₹83,000 to various causes involving the bail of fellow prisoners. The Apex Court also took into account his childhood trauma due to neglect and family instability, and psychological reports. “Considering the facts that the convict-appellant had no prior antecedents, good conduct for the past 16-17 years of incarceration, difficulties in mental health, and consistent efforts at being a model prisoner, we find that the imposition of the death penalty would be unjustified. He is, therefore, removed from death row,” the Supreme Court said, altering his sentence from the death penalty to life imprisonment for the duration of his natural life.

“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 death sentence is commuted to life imprisonment till the end of natural life,” the Court said.

The convict had an affair with another woman and was suspected his wife of infidelity

Convict Reji, a chemistry graduate with a diploma in computer applications, used to work as an agricultural labourer. He had a wife, Lissy, and four children—three daughters (aged 12, 9, and 3) and a son (aged 10). In the course of his employment, he developed intimate relations with a woman named Usha. Besides, he suspected his wife of infidelity and believed that the youngest daughter was not his. The High Court observed that Reji wanted to live with Usha, and therefore, he killed his entire family to clear his way. “The evidence would indicate that the intention of the appellant was to live with PW24 (Usha) after annihilating his family,” the High Court noted.

While convicting him for the murder of his family, the trial court rejected his defence that he killed his family out of unhappiness and frustration and not due to criminal tendency. The court noted that the manner of commission of the crime was well-arranged and planned.

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