1. Concurrence and Injury: The ferocious attacks on victims, the number of injuries inflicted, and the gravity of those injuries reveal the intention to cause death. Injuries inflicted during a robbery to escape identification fall within Clauses 3 or 4 of Section 300 of the Indian Penal Code. The court below is justified in holding the accused guilty of murder under Section 302 IPC.
2. Admissibility and Concealment: For the purpose of Section 27 of the Indian Evidence Act, the decisive factor in determining concealment is whether the place was ordinarily visible to others. Concealed articles remaining hidden possess the crucial element of non-visibility. Recovery of items at the instance of the accused also renders the fact relevant under Section 8 of the Evidence Act.
3. Sentencing Philosophy: While confirming the conviction for murder, the law must protect persons and property. Courts must adopt a corrective and therapeutic approach. The consideration of the court includes the motive, conduct of the accused, and the manner of infliction of injuries. Therapeutic approaches aim to treat the convict as a human being while protecting society.
4. Remorse and Reform: If the feeling of remorse has dawned on a convict of a murder offence, it is a factor that cannot be ignored. His desire to reform and be useful to family and society must be noted. However, the court's hands are tied when an offence punishable under Section 302 IPC is established.
5. Remission Powers: The Appropriate Government is more equipped to take steps concerning the reform of the convict. The Government is directed to consider all aspects under Section 432 or Section 433 of the Code of Criminal Procedure with set-offs as per law.
