NEW DELHI, APRIL 24, 2025 — In a significant ruling, the Supreme Court of India has commuted the death sentence awarded to a man convicted for the murder of his wife and four children and the rape of his minor daughter, citing his good conduct during 16–17 years of incarceration, mental health difficulties, and efforts at reformation.
The judgment was delivered by a three-judge Bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta in the case Reji Kumar Alias Reji v. State of Kerala (Neutral Citation: 2025 INSC 538).
SC OBSERVES DEATH PENALTY UNWARRANTED GIVEN MITIGATING FACTORS
Quoting from the verdict, the Bench observed:
“Keeping in view the discussion made in Ramesh A. Naika v. Registrar General, High Court of Karnataka Etc. and 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 death penalty would be unjustified. He is, therefore, removed from death row.”
However, the Court also made it clear that release was not an option:
“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.”
CASE BACKGROUND: MISSING WIFE, DEAD CHILDREN, AND A CHILLING DISCOVERY
The convict, Reji Kumar, was employed as an agricultural labourer and lived in a rented house. He had developed a relationship with a woman named Baby alias Usha (PW-24). His wife Lissy went missing on July 9, 2008, and he soon left with their son and third daughter, claiming he was going to bring her back.
Neighbors grew suspicious due to his evasive answers and eventually found the bodies of his two daughters inside the house. The bodies of the wife, son, and third daughter were later found in a septic tank and nearby fields. The police arrested the convict, who was then tried and sentenced to death by the Trial Court. The High Court upheld the decision.
SUPREME COURT ANALYZES CONDUCT AND MENTAL HEALTH
The Apex Court highlighted the convict’s cold demeanor, especially after the news of his children’s deaths had spread, and his desire to meet his romantic partner the same day:
“It is inconceivable to us as to how a person can have a calm response, brushing off allegations levied against him of having killed his own children, especially, when the same is being informed to him by a person who possesses intense feelings for and because of which she refuses to meet him.”
The rape of the minor daughter was confirmed through DNA evidence, which matched the convict’s semen with samples recovered from the victim. There were also signs of previous sexual assault.
FINAL VERDICT: LIFE IMPRISONMENT TILL NATURAL DEATH
While affirming the conviction under Sections 302 (four counts), 376, 297, and 201 IPC, the Supreme Court noted that although the case fell within the “rarest of rare” doctrine, mitigating circumstances called for commutation.
“The conviction of the convict-appellant, therefore, remains undisturbed,” the Bench held. “But given his reformation, mental health, and lack of prior criminal history, death penalty is not warranted.”
LEGAL REPRESENTATION
For the Appellant:
Senior Advocate Sonia Mathur, Advocates Shreya Rastogi, Sakshi Jain, Maulshree Pathak, Ronika Tater, Shubhi Bhardwaj, Nikhil Chandra Jaiswal, Mukund P. Unny, and AOR Sanjay Nair S
For the Respondent (State of Kerala):Senior Advocate P.V. Dinesh, AOR Nishe Rajen Shonker, Advocates Anu K Joy, Alim Anvar, Santhosh K, Anna Oommen, and Sayed Nazarat Fatima