HC commutes death penalty of three to life
24 July 2014 5:41 AM IST
The Delhi High Court on Wednesday commuted to life term the death sentence awarded to three men for brutally murdering three members of a family, including a child, with a motive to rob their house, saying there was no material to show that they cannot be reformed.
A division bench of justices Mukta Gupta and Pradeep Nandrajog commuted the death penalty awarded to Uttar Pradesh residents, Surender, 32, Vijay Pal, 27, and Virender, 33, and said the state has been unsuccessful in proving that they are a ‘menace to the society’. The court, however, made it clear that the trio would not be entitled to any remission prior to 25 years of custody.
‘In view of the legal position and the fact that there is no material before this court to come to the conclusion that the reformation of the appellants is impossible and that the option of life sentence is not unquestionably foreclosed, we are not inclined to confirm the death sentence awarded to the appellants.
‘However, in view of the aggravating circumstances and the nature and manner of offence committed, we are of the considered view that the sentence of imprisonment for life wherein they would spend at least 25 years actual in custody would serve the ends of justice,’ the bench said.
Awarding death sentence, the trial court had last year said it was a ‘rarest of rare’ case as the three murders were committed in ‘extremely brutal, diabolical, revolting and dastardly’ manner and they have shocked the collective conscience of the society.
It had also imposed a fine of Rs 1.1 lakh on each of them and said that out of the fine amount, Rs three lakh would be given to family of the victims. According to police, the brutal killings took place in a house in Rohini when the three accused murdered 54-year-old Mridula Kishore, her 28-year-old son Rajesh Kishore and her nine-year-old grandson Ankit.
A division bench of justices Mukta Gupta and Pradeep Nandrajog commuted the death penalty awarded to Uttar Pradesh residents, Surender, 32, Vijay Pal, 27, and Virender, 33, and said the state has been unsuccessful in proving that they are a ‘menace to the society’. The court, however, made it clear that the trio would not be entitled to any remission prior to 25 years of custody.
‘In view of the legal position and the fact that there is no material before this court to come to the conclusion that the reformation of the appellants is impossible and that the option of life sentence is not unquestionably foreclosed, we are not inclined to confirm the death sentence awarded to the appellants.
‘However, in view of the aggravating circumstances and the nature and manner of offence committed, we are of the considered view that the sentence of imprisonment for life wherein they would spend at least 25 years actual in custody would serve the ends of justice,’ the bench said.
Awarding death sentence, the trial court had last year said it was a ‘rarest of rare’ case as the three murders were committed in ‘extremely brutal, diabolical, revolting and dastardly’ manner and they have shocked the collective conscience of the society.
It had also imposed a fine of Rs 1.1 lakh on each of them and said that out of the fine amount, Rs three lakh would be given to family of the victims. According to police, the brutal killings took place in a house in Rohini when the three accused murdered 54-year-old Mridula Kishore, her 28-year-old son Rajesh Kishore and her nine-year-old grandson Ankit.
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