FACTS-As per the prosecution case the accused inflicted a severe blow on the neck of his mother with a machete that resulted in instantaneous death due to decapitation. The motive was apparently accused's belief that his mother was responsible for his wife deserting him. The incident was witnessed by four witnesses whose evidence was not discredited in cross-examination. The weapon used for committing the offence was also recovered at the instance of the accused. Trial Judge had imposed the death sentence

ISSUE- Whether Emotions can be An Influencing Factor in case of Death Penalty?

OBSERVATION-Division bench of Justice Sreenivas Harish Kumar and S Rachaiah partly allowed the appeal filed by accused Thimmappa challenging the conviction and death sentence imposed on him by the trial court under section 302 of the India Penal Code. The Karnataka High Court has set aside the death penalty imposed on an accused for murdering his mother by beheading her, and sentenced him to life imprisonment.

The bench said “If we take an analysis of the entire situation, we find that this is not a rarest of rare case though it is a fact that the incident was cruel and brutal. Emotion should not become an influencing factor to impose a death penalty. Degree of criminality matters much while imposing the death penalty.”

As per the prosecution case the accused inflicted a severe blow on the neck of his mother with a machete that resulted in instantaneous death due to decapitation. The motive was apparently accused's belief that his mother was responsible for his wife deserting him.

FINALLY said “In this case, the prosecution has not brought on record that the accused is a hardcore criminal. In this view, we do not find that a rarest of rare case has been made out for imposing the death penalty on the accused. Only if the Court finds that a rarest of rare case has been made out, it should proceed further to take balance sheet of the aggravating and mitigating circumstances, in the light of the pronouncements of the Hon'ble Supreme Court in the cases of BACHAN SINGH v. STATE OF PUNJAB and MACHHI SINGH v. STATE OF PUNJAB. As we do not find this case has reached that stage, we are not inclined to confirm the death sentence.”