Abolish Death Penalty India: Ashok

Thursday, May 30, 2019

Sentenced to death for honour killing, Hisar man set free by HC (Haryana)

Posted at: Apr 7, 2019, 7:00 AM; last updated: Apr 7, 2019, 4:56 PM (IST)

Saurabh Malik

Tribune News Service

Court says prosecution failed to provide credible proof

Chandigarh, April 6, 2019: Less than six months after Ashok, a resident of Hisar district, was sentenced to death in an honour killing case, the Punjab and Haryana High Court has acquitted him. The matter was placed before the Division Bench of Justice Rajiv Sharma and Justice Gurvinder Singh Gill for the confirmation of death sentence pronounced in December last year for poisoning his sister over an inter-caste marriage. Ashok had filed an appeal.

The prosecution contended that Ashok was unhappy with his sister’s marriage to Rohtash. Ashok was charged with administering poison to his sister, resulting in her death. The prosecution had claimed that her body was cremated hurriedly. Justice Sharma said the case record indicated that the police visited the place of occurrence and collected the residue of vomit. Ash and burnt bones were also lifted from the cremation ground before being sent to the Forensic Science Laboratory. Poison did not emerge as the cause of death.

In any case, the marriage was solemnised in August 2015 and the date of incident was February 13, 2017. The deceased’s cousin, Krishan Kumar, had admitted that there was no resentment in the family. The polygraph test of the parents of the accused showed that the answers given by them were not deceptive. Justice Sharma asserted that Rohtash, on whose insistence an FIR was registered, had not supported the prosecution case. “The chain of circumstances is not complete. The prosecution has failed to prove its case beyond reasonable doubt,” the Bench ruled, while setting Ashok free.

Key loopholes

Contrary to charge, forensic lab report said poisoning was not the cause of death
Victim’s cousin testified there was no resentment in family
The accused’s parents did not give deceptive answers in the polygraph test

Source: https://www.tribuneindia.com/news/haryana/sentenced-to-death-for-honour-killing-hisar-man-set-free-by-hc/754419.html (accessed on 30 May 2019)

Tuesday, December 25, 2018

Man Gets Death Penalty For Murder Of Sister In Honour Killing (Haryana)

All India | Press Trust of India | Updated: December 05, 2018 23:17 IST

On February 9, 2017, Kiran was murdered under suspicious circumstances in Juglan village. She was later cremated in the village by her family members.

HISAR: A local court awarded the death penalty to a 26-year-old man Wednesday for murdering his sister.

Additional District and Sessions Judge Pankaj awarded the sentence to Ashok, 26, a resident of Juglan village in Hisar district. Ashok was held guilty of murdering his sister Kiran on February 9, 2017. According to prosecution, Rohtas of Siswal village had a love marriage with Kiran on August 8, 2015. The woman's family had opposed their marriage as Rohtas belonged to a different community.

On February 9, 2017, Kiran was murdered under suspicious circumstances in Juglan village. She was later cremated in the village by her family members. A police complaint was subsequently lodged after the man, who had helped register their marriage, raised suspicion alleging that Kiran's death could be a case of honour killing. The police later arrested Ashok, the brother of the victim. A case was registered against Ashok under various sections of the Indian Penal Code.

Source: https://www.ndtv.com/india-news/haryana-man-gets-death-penalty-for-murder-of-sister-in-honour-killing-1958414 (Accessed 25 December 2018)

The Death Penalty Scenario in India

India is one of 193 countries that retains the death penalty. Some judges have delivered landmark verdicts upholding the rights of death row prisoners, while debates continue advocating abolition or reform of sentencing policies. The Indian government remains committed to retention, asserting executions occur only in “rarest of rare” cases. The death penalty applies to crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or mentally-retarded person, and in certain cases of rape. Outrage over child rape and murder has intensified these discussions. After an unofficial eight-year moratorium, the government executed Ajmal Kasab (Mumbai attacks) in 2012 and Afzal Guru (Parliament attack) in 2013, both covertly and immediately after mercy petitions were rejected. Prior to this, Dhananjoy Chatterjee was executed in 2004 after 13 years on death row. Following these, many mercy petitions have been rejected, creating fear among death row convicts. Courts continue to hand down death sentences at an increasing rate. Empirical studies highlight the plight of death row prisoners. The India Exclusion Report 2017-18 found fair trial rights largely denied, with convicts often marginalized by caste, religion, poverty, and education. The Death Penalty Research Project (2015) documented socio-economic profiles and experiences of death row prisoners. Dr. Reena Mary George’s studies (2014, 2009) emphasized poverty, social exclusion, and dignity as central to death row experiences, and examined the human rights impact of the penalty. According to the National Crime Records Bureau 2015, 101 prisoners were on death row, with many sentences commuted to life. The “rarest of rare” doctrine introduced by the Supreme Court in the 1980s has not substantially limited death sentences, which have increased over the decades. Justice Joseph (2018) reaffirmed the Bachan Singh judgment but urged restriction of the death penalty to only those cases meeting its criteria. While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies? Reena Mary George