High Court commutes death sentence of serial killer to life term

Serial killer Chandrakant Jha was on Wednesday spared the gallows by the high court which commuted death sentence to imprisonment for “remainder of his natural life” without remission, saying he must be “adequately punished” for his “heinous” crime.

A Bench of justices Sanjiv Khanna and R K Gauba upheld Jha’s conviction in three identical cases of murder and upheld life imprisonment in one case, while commuting the capital punishment to life term awarded to him by a trial court in two other cases in February 2013. “In light of the aforesaid factum and balancing out of the aggravating and mitigating circumstances, we feel that the present case would fall in the category wherein the extreme sentence of death by capital punishment would not be justified and at the same time possibility of award of remission and release of Jha on completion of sentence of 14 years or even thereafter, would be inadequate and parlous.

“The heinous and outrageous crime, involving inhumane behaviour and torture, must be emphatically and adequately punished. This case falls in the third category, beyond application of remission,” the court said.

“In light of the above, whilst not confirming the death sentence proposed by the trial court, we award punishment of life imprisonment with a direction that Jha would not be released on remission for remainder of his natural life.

“This direction would not affect the power under Articles 72 (power of President to grant pardon) and 161 (power of the governor of state to grant pardon, remission of punishment) of the Constitution,” the court added.