In a landmark judgment, the Supreme Court of India has acquitted three persons who had been given the death penalty and three others who had been sentenced to life imprisonment for the alleged murder of five persons and rape of a lady and a child.
Interestingly, this acquittal comes nearly ten years after a Division Bench of Supreme Court had affirmed the conviction by the Bombay High Court and even enhanced the life imprisonment given to three accused, to the death sentence.
The judgment was delivered by a Bench of Justices AK Sikri, S Abdul Nazeer and MR Shah.
The Court allowed the appeal filed by the accused against the death sentence imposed by the High Court and disallowed the appeal by the State.
The case has a very interesting history.
On 22 March 2007, a Division Bench of the Bombay High Court disposed of a reference which was made under Section 366 of the Code of Criminal Procedure (CrPC), 1973 by the 3rd Adhoc Additional Sessions Judge, Nasik.
The High Court upheld the conviction and the sentence of death imposed on Accused Nos. 1, 2 and 4. While upholding the conviction of Accused Nos. 3, 5 and 6, the High Court sentenced them to imprisonment for life. All the six accused were convicted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (IPC).
Accused no. 1, 2 and 4 moved the Supreme Court challenging the High Court verdict.
The State of Maharashtra also filed an appeal seeking enhancement of the life imprisonment awarded to Accused 3, 5 and 6 to a death sentence.
By a judgment dated 30 April 2009, a two-judge Bench of the Supreme Court dismissed the appeals filed by Accused Nos. 1, 2 and 4.
While allowing the appeals filed by the State, the Court sentenced Accused Nos. 3, 5 and 6 to suffer the sentence of death.
Subsequently, review petitions were filed by all the six accused, but the same were dismissed.
Then came the landmark verdict of Supreme Court in Mohd Arif v. Registrar, Supreme Court. In the said case, the majority decision lay in favour of allowing death row prisoners as many opportunities as possible under the law to have their case reviewed by the Court. The Court had ruled,
“… in review petitions arising out of those cases where the death penalty is awarded, it would be necessary to accord oral hearing in the open Court.”
The ruling was passed by a majority of judges forming a Constitution Bench of the Supreme Court, given the irreversible nature of the death penalty and the lack of sentencing guidelines in India.
Following the said decision, criminal miscellaneous petitions were filed for reopening the review petitions filed by the accused in the present case.
These petitions were heard in open court. By an order dated October 31, 2018, a three-judge Bench of the Supreme Court recalled the judgment passed in 2009.
The Court also recalled the orders dismissing the review petitions against that judgment.
Further, it restored the original criminal appeal against the three death row convicts and directed that it be heard afresh.
It also allowed the life imprisonment convicts to file an appeal against Bombay High Court verdict.
The Supreme Court has now allowed the appeal filed by the six accused and set aside the judgment of the High Court.
It has also directed the Chief Secretary to take action against the erring Investigating Officer in the case.
Source: barandbench.com, Murali Krishnan, March 5, 2019
⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us:
deathpenaltynews@gmail.com.
Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!
"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
