The Supreme Court of India, on 22 April 2025, commuted the death sentence of Reji Kumar alias Reji—who had been convicted for the rape of his minor daughter and the murder of his wife and four children—to life imprisonment till the end of his natural life. The decision was rendered by a Bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta in Reji Kumar @ Reji vs State of Kerala, Criminal Appeal Nos. 1179-1180 of 2023.
The appeals were filed by the convict-appellant challenging the judgment dated 12 November 2014 passed by the High Court of Kerala at Ernakulam in Death Reference No.1/2010 and Criminal Appeal No.1663/2010. The High Court had confirmed the conviction and death sentence awarded by the Sessions Court, Palakkad in S.C. No. 114 of 2009.
Case Background:
The case involved the brutal murders of the appellant’s wife Lissy and their four children—1st daughter (12 years), son (10 years), 2nd daughter (9 years), and 3rd daughter (3 years). According to the prosecution, the murders were committed over a span of days in July 2008. The bodies of the deceased were recovered from a septic tank and nearby fields after neighbors noticed a foul smell. An FIR (No. 456/08) was registered on 23 July 2008 at PS Pattambi, District Palakkad. The final report under Sections 302, 376, 297 and 201 IPC was filed on 23 October 2008.
The prosecution examined 44 witnesses, marked 72 exhibits, and identified 36 material objects. The Trial Court framed six issues, including whether the accused committed the murders, rape, caused disappearance of evidence, and the appropriate sentence.
The Trial Court convicted the appellant under Sections 302, 376, and 201 IPC. He was acquitted of the charge under Section 297 IPC. The Court considered the crime to be brutal, diabolical, and planned, and rejected the defence argument that it was committed out of frustration. The appellant, holding a degree in chemistry and a diploma in computer applications, was sentenced to death under Section 302 IPC. For the offence under Section 376 IPC, he was sentenced to 10 years’ rigorous imprisonment and for Section 201 IPC to 7 years’ rigorous imprisonment, with fines of ₹1,000 each.
High Court Findings:
The High Court confirmed the conviction and the death sentence. It held:
“The evidence is conclusive enough to hold that the appellant had no repentance at all… The intention of the appellant was to live with PW24 after annihilating his family. This is a strong indication which compels us to hold that the alternative option of rehabilitation is unquestionably foreclosed.”
The High Court observed that the murders were committed in a premeditated and cold-blooded manner. It concluded:
“The crime committed by the appellant in this case satisfies the crime test fully whereas, it does not satisfy the criminal test at all.”
Accordingly, the High Court confirmed the sentence under Sections 302, 376, and 201 IPC.
Supreme Court’s Analysis and Conclusion:
The Supreme Court re-evaluated the evidence under the heads of motive, last seen, conduct, and scientific and medical evidence. The appellant was shown to have a motive due to his relationship with PW-24 and his belief that his wife had borne a child out of wedlock. Witnesses including PW-1, PW-2, PW-7, and PW-9 testified to the last seen circumstances and suspicious conduct. Scientific evidence, including DNA reports, established rape on the 1st daughter. Medical evidence by Dr. P.C. Ignatius (PW-31) confirmed sexual assault and throttling as the cause of death.
The Court observed:
“The primary charges of Sections 302 (four counts) & 376 (one count) IPC, stand proved. We affirm the findings of the Courts below.”
On the question of sentence, the Court noted the mitigating factors as per reports submitted in compliance with Manoj v. State of Madhya Pradesh, (2023) 2 SCC 353:
- Unblemished prison conduct.
- Severe mental distress and childhood trauma.
- Renewed sense of purpose and charitable acts in prison.
- No prior criminal antecedents.
The Court held:
“We find that the imposition of death penalty would be unjustified. He is, therefore, removed from death row… he shall spend the remainder of his days in jail, till his last breath.”
Accordingly, the appeals were partly allowed. The death sentence was commuted to life imprisonment till the end of the convict’s natural life.
Citation: Reji Kumar @ Reji vs State of Kerala, Criminal Appeal Nos. 1179-1180 of 2023
