25-year jail term for murders

November 03, 2011 10:35 am | Updated 10:35 am IST - NEW DELHI:

A Sessions court at Karkardooma here has sentenced a 35-year-old-man, who stabbed his wife and her father to death, to life imprisonment while specifically stating that his sentence must not be less than 25 years, with the judge concluding that the case “borders” on the “rarest of rare” category that fetches capital punishment.

Noting that the convict Raj Kumar had inflicted 10 stab injuries on his father-in-law and six wounds on his wife, Additional Sessions Judge Gurdeep Singh said: “The wife was helpless and father-in-law was also old…by causing these injuries, he ensured that they died on the spot. The murder had shaken the conscience of the community where it was committed.”

Though the judge refrained from classifying the crime as “extremely brutal, grotesque, diabolical, revolting, or dastardly,” he concluded: “This case, however, borders on the rarest of the rare case as an innocent helpless wife and the old father-in-law had been killed in a cold-blooded manner.”

On the quantum of sentence to be awarded, the judge wrote: “It would be lawful for the court to say that life imprisonment means -- for full life or may fix the period which would be sufficient to meet the ends of justice -- and restrict the commutation. In the present case, the age of the convict is 35 years and he would turn 60 in the next 25 years. Keeping in view the totality of the facts and circumstances of the case, I am of the opinion that the ends of justice would be met in sentencing the convict to undergo rigorous imprisonment for life for offence punishable under Section 302 IPC.”

Negating the convict's chances of getting commutation of punishment the judge said: “The life imprisonment shall not be less than 25 years and it cannot be commuted less than 25 years,” while also fining him Rs,25,000, if recovered to be deposited in the name of the two children.

The prosecution had sought the death penalty for the convict keeping in view the “gruesome manner” in which the crime was committed. The convict sought mercy claiming he had the two young children and two aged parents to support.

The people of the area where the convict's wife and her father lived helped solemnise her marriage with Raj Kumar in 2003 owing to the family's poor financial condition. According to the prosecution, within a few days of marriage, the convict started ill-treating his wife and the efforts of the community to make him see reason failed, which culminated in her coming to stay at her father's place. This upset Raj Kumar and provoked him to murder the two persons in August 2009, the prosecution said.

The defence claimed benefit of doubt for the accused, pointing out that motive was not established by the prosecution, but the court ruled that the law on the subject was well-settled and “motive is not necessary to be proved”.

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