India News | SC Commutes Death Sentence of 2 Convicts to Life Term for 30 Years
Get latest articles and stories on India at LatestLY. Two convicts, awarded capital punishment in a murder case of 2007 in which eight persons were killed, got relief on Friday from the Supreme Court which commuted their sentence to life imprisonment for 30 years observing that it cannot be said there is no possibility of their reformation.
New Delhi, Nov 26 (PTI) Two convicts, awarded capital punishment in a murder case of 2007 in which eight persons were killed, got relief on Friday from the Supreme Court which commuted their sentence to life imprisonment for 30 years observing that it cannot be said there is no possibility of their reformation.
A three-judge bench headed by Justice L Nageswara Rao delivered the verdict on the plea filed by the convicts seeking review of the October 2014 judgement of the apex court which had dismissed their appeal against the Jharkhand High Court order.
The high court, in its July 2009 order, had upheld the conviction and death sentence awarded to the two petitioners by the trial court.
“Considering all of the above, it cannot be said that there is no possibility of reformation of the petitioners, foreclosing the alternative option of a lesser sentence and making the imposition of death sentence imperative,” said the bench, also comprising Justices B R Gavai and B V Nagarathna.
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The top court converted the sentence imposed on petitioners Mofil Khan and Mobarak Khan from death to life imprisonment for 30 years.
“However, keeping in mind the gruesome murder of the entire family of their sibling in a pre-planned manner without provocation due to a property dispute, we are of the opinion that the petitioners deserve a sentence of a period of 30 years,” it said while disposing of the review petition.
Accordingly, the sentence of death imposed on the Petitioners is converted to life imprisonment for a period of 30 years, it said.
The petitioners were convicted for offences under various sections of the Indian Penal Code (IPC), including 302 (murder).
According to the prosecution, there was a dispute relating to property between the petitioners and their brother.
It said that in June 2007, the petitioners along with others assaulted their brother and he died at the spot.
Later, they also murdered seven others, including three minors and a 18-year-old man who was differently abled, as per the prosecution.
Out of the 11 accused, seven were acquitted and four were convicted by the trial court which awarded them death penalty.
The high court upheld their conviction but commuted to life term the death sentence awarded to two other convicts in the case.
The appeal filed against the high court order by the petitioners was dismissed by the apex court in October 2014.
The bench noted in its verdict delivered on Friday that appeal filed by the petitioners was dismissed by the apex court taking note of the manner in which the offence was committed against the “helpless children and others” and it was concluded that they would be a menace and threat to harmony in the society.
“Putting an end to the lives of innocent minors and a physically infirm child, apart from other members of the family, in a pre-planned attack, was taken note of by this court to hold that the case falls under the category of ‘rarest of the rare' cases,” it said.
It said one of the mitigating circumstances is the probability of the accused being reformed and rehabilitated and the State is under a duty to procure evidence to establish that there is no possibility of reformation and rehabilitation of the accused.
“Death sentence ought not to be imposed, save in the rarest of the rare cases when the alternative option of a lesser punishment is unquestionably foreclosed,” noted the bench, while referring to an earlier judgement delivered by the apex court.
“To satisfy that the sentencing aim of reformation is unachievable, rendering life imprisonment completely futile, the Court will have to highlight clear evidence as to why the convict is not fit for any kind of reformatory and rehabilitation scheme,” it noted.
Referring to another judgement, the bench noted it was held by the top court that before imposing the extreme penalty of death sentence, the court should satisfy itself that capital punishment is imperative as otherwise the convict would be a threat to the society and there is no possibility of his reform or rehabilitation.
It said it was also held that before imposing the extreme penalty of death sentence, the court should satisfy itself on these aspects after giving the convict a meaningful and real opportunity of hearing on the question of sentence by producing material.
“The hearing of sentence should be effective and even if the accused remains silent, the court would be obliged and duty-bound to elicit relevant factors,” it said.
The bench said it is a well-settled law that possibility of reformation and rehabilitation of the convict is an important factor which has to be taken into account as a mitigating circumstance before sentencing him to death.
“There is a bounden duty cast on the courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent,” it said.
The bench said scrutiny of the judgments of the trial court, high court and the apex court would indicate that death sentence was imposed by taking into account the brutality of the crime.
“There is no reference to the possibility of reformation of the petitioners, nor has the state procured any evidence to prove that there is no such possibility with respect to the petitioners,” it said.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)