Murder of four-year-old boy: Gujarat HC commutes death penalty of two to life term

In March 2012, the boy named Maharsh alias Bholu, son of a businessman, was kidnapped in Visnagar in Mehsana district. Two days later his body was found dumped on Deesa Road.

A division bench of the Gujarat High Court Monday commuted death sentence to life imprisonment awarded to two men convicted for kidnapping and killing a four-and-half-year-old boy, saying that the case did not fall in the “rarest of rare category”.

The HC while hearing the matter also said that death penalty should remain on statute book despite stiff opposition to it.

The bench of justices J B Pardiwala and A C Rao pronounced the judgment on appeal pleas moved by convicts, Akshaya Patel and Kuldeep Panchal.

Dismissing the appeals, the bench said that the “appellants had committed a heinous crime and murdered an innocent, helpless and defenceless boy. They are liable to be punished severely, but, it is not a case that falls within the category of the rarest of the rare cases. Hence, we set aside the death sentence and award life imprisonment. The appellants must serve a minimum of 30 years in jail without remission, before consideration of their case for premature release.”

In March 2012, the boy named Maharsh alias Bholu, son of a businessman, was kidnapped in Visnagar in Mehsana district.

Two days later his body was found dumped on Deesa Road. The child was first strangulated and then his throat slit.

Bholu had been kidnapped by Akshay in order to extort Rs 50 lakh from his parents.

The accused were arrested and tried. In March 2016, additional sessions judge convicted the duo for conspiracy, kidnapping and murder and sentenced them to capital punishment.

Upholding the trial court’s judgment, the division bench dismissed the appeal pleas but commuted the capital punishment to life imprisonment.

The bench held that “We are of the view that although there is a good deal of opposition to death penalty, yet it should remain on the statute book. One of the chief ends of the law of crimes is to punish the evil-doer so as to set an example to other like-minded persons and to deter them from committing the crime.” The judgment states “There is a good deal of opposition to death penalty and it is usually restricted to cases where the crime… has been committed with a good deal of premeditation… in a manner shocking the conscience of people in general. But still some are of the view that death penalty should be wholly abolished. In our opinion, it should remain on the statute book.”

Source: indianexpress.com, February 19, 2019

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