Insanity plea: Death penalty nixed (Gujrat)

TNN | Feb 21, 2019, 04.52 AM IST

AHMEDABAD: In an unusual case, the Gujarat high court on Wednesday cancelled the death penalty awarded to a man for hacking to death his parents and three-year-old-daughter, and ordered a re-trial after proper verification of whether he is sane. The high court ordered a fresh trial after noticing that the trial court did not take into consideration the accused’s insanity. During the trial, the accused, Nagjiji Thakor was being treated for bipolar disorder, a serious mental illness. The law stipulates that a trial cannot be conducted against a person of unsound mind because he cannot defend himself. 

Nagjiji Thakor

The trial court did not follow the procedure mandated by Section 329 of the CrPC, to ensure that the accused is of sound mind amd can defend himself. It went ahead with the trial and awarded the death penalty after convicting him. The high court hence directed the trial court to conduct a re-trial after establishing whether Thakor is of sound mind, said Pratik Barot, Thakor’s advocate. On the lapse by the trial court, a bench of Justice J B Pardiwala and Justice A C Rao said, “The fundamentals of the administration of justice are simple. No man should suffer because of the mistake of the court.” The HC further justified its decision to have a re-trial, “There is no higher principle for the guidance of the court than the one that no act of courts should harm a litigant and it is the bounden duty of the courts to see that if a person is harmed by a mistake of the court he should be restored to the position he would have occupied, but for that mistake.” 

The high court cited various communications that took place between jail authorities with the courts and the mental hospital to conclude that Thakor was undergoing treatment because of his unruly and temperamental behaviour at the time when the trial court in Visnagar framed charges of murder against him. The HC came down heavily on the public prosecutor, the investigating officer as well as the defence lawyer provided by the legal aid service, for their failure to bringing Thakor’s mental illness to the court’s notice. It also criticized the court for being “oblivious” to this reality and said that its omission vitiated the trial and rendered the judgment unsustainable in the eyes of the law. The state government defended the death sentence by telling the HC that Thakor had not shown any signs of mental illness during the framing of charges. To this, the HC said that even if the defence advocate did not bring it to court’s notice, the court should have perused the records and ascertained the accused’s capacity to enter a defence according to Section 329 of the CrPC. 

The HC further said, “The proceeding against a person of unsound mind and holding him guilty of criminal offence would be clearly violative of the guarantee contained under Article 21 of the Constitution, that no person shall be deprived of his life or liberty without following the procedure established by law.

Source: https://timesofindia.indiatimes.com/city/ahmedabad/insanity-plea-death-penalty-nixed/articleshow/68087480.cms (accessed on 29 May 2019)

Gujarat High Court quashes death penalty of teen killer

HC asks trial court to verify mental condition of accused girl who killed her mother and sister two years ago

Mar 19, 2019, 06:30 AM IST

The Gujarat High Court on Monday quashed the death penalty awarded to a teenage girl, who had allegedly killed her mother and sister, and asked the trial court to first verify the girl's mental condition. The Bench of Justices JB Pardiwala and AC Rao quashed the death sentence awarded to Manju Kunvariya, a resident of Gandhidham, for the murders of her mother Rajiben and sister Aarti.

According to the FIR registered by her brother Vijay, Manju, who was 19 at the time, inflicted several blows of a sword on her mother Rajiben, and her sisters Aarti and Madhu, in the early hours of February 17, 2017. The victims were sleeping when they were attacked. Rajiben and Aarti died of the injuries, while Madhu survived. The FIR said that Rajiben had reprimanded and slapped Manju over household work a day earlier, and the assault on her and her daughters was a result of the grudge her youngest daughter bore about it. Manju was convicted for murder by the additional sessions court of Gandhidham, which awarded death sentence to her on March 15 last year. The court also sentenced her to five years' rigorous imprisonment for attempt to murder. Manju later filed an appeal in the high court challenging the trial court judgement. In its order, the high court bench said that the girl, who was just 19 at the time, had indeed behaved in a very abnormal manner. It said that going by the materials on record, the accused was prima facie a patient of schizophrenia (psychosis), but noted that the trial court had not assessed her mental condition.

The HC said that FIR by the accused's brother mentioned that her mental condition was quite unstable, and she was undergoing treatment for two years, but noted that neither the public prosecutor nor the investigating officer brought the aspect to the trial court's attention. The HC also said that if the defence counsel had read the papers, he would have got an idea that something was wrong with the mental condition of the accused. "We take notice of the fact that trial court overlooked something very important and the omission on the part of trial court has rendered the judgement and order of conviction and sentence susceptible to the complaint that the same is illegal," the HC bench said. The HC bench remitted the case to sessions court for fresh trial, and directed it to first verify the mental condition of the accused. "If the trial court is convinced that the accused is capable of making her defence, it shall resume with trial by framing charge afresh."

HC BENCH SAYS LEGAL AID A FARCE

The high court made scathing remarks in its order about the legal aid provided to the 19-year-old accused. The HC said that the girl could not have managed to engage a seasoned trial side lawyer, and the legal aid provided by District Legal Services Authority was nothing but a farce. “This is a second matter in last 15 days which we have noticed that the legal aid being provide in just for namesake,” it said, adding, “Cross-examination of witnesses in a serious offence like murder is not child’s play. It is very unfortunate to note that in the case on hand there is practically no cross-examination,” it said, adding whether the girl was given a fair trial and effective opportunity to defend herself.

Source: https://www.dnaindia.com/ahmedabad/report-gujarat-high-court-quashes-death-penalty-of-teen-killer-2730789 (accessed on 29 May 2019)

Gujarat HC confirms death penalty for sodomy, murder

TNN | Updated: Apr 4, 2019, 12:15 IST

AHMEDABAD: The Gujarat high court on Wednesday upheld the death sentence given to a labourer, Shambhu Padhiyar, who sodomised and murdered a four-year-old boy at Piludra village of Bharuch district in April 2016.

A sessions court in Bharuch had condemned him to death last April, treating the crime as “rarest of the rare”. This capital punishment was approved by the bench of Justice J B Pardiwala and Justice A C Rao after the state government sought confirmation of it. The high court rejected the convict’s appeal against his conviction. The court said that no mercy can be shown for such a heinous offence, particularly when there are demands for justice from all corners of society.

According to the case details, the four-year-old was playing near his house on April 13, 2016, when Padhiyar lured him by offering to buy him ice-cream. The boy’s aunt saw Padhiyar walk away with the boy and immediately asked him where he was taking him. Padhiyar told her that he was going to buy him ice-cream.

Padhiyar then took him into some bushes behind a dargah near the village pond, where he sodomised him. Padhiyar then strangled the boy to death and fled. When the boy’s body was found, a complaint of murder, kidnapping, and violation of Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act was registered at Vedach police station in Jambusar taluka. After the postmortem confirmed that the boy was sexually assaulted, Padhiyar was also booked under Section 377 of the Indian Penal Code, which deals with unnatural sex.

Source: https://timesofindia.indiatimes.com/city/ahmedabad/hc-confirms-death-penalty-for-sodomy-murder/articleshow/68712362.cms (accessed on 29 May 2019) 

Man gets death sentence for killing boy after sexual assault (Gujrat)

Press Trust of India, Bharuch

Apr 26, 2018 22:13 IST 

A special POCSO court in Gujarat’s Bharuch on Thursday awarded death sentence to a man for killing a four-year-old boy after sodomising him at a village in Jambusar taluka in the district two years ago.

Special POCSO court judge in Bharuch, H A Dave, awarded the sentence to Shambhu Padhiyar after finding him guilty under the Indian Penal Code Section 302 (murder) and under Section 6 of the Protection of Children from Sexual Offences Act (POCSO), which deals with ‘aggravated penetrative sexual assault’. The incident had taken place in Piludara village on April 16, 2016. The four-year-old victim, son of a labourer, had gone missing on that day and his naked body was later recovered from the bushes.

During the probe, local police had zeroed in on Padhiyar, a resident of the village, and subsequently arrested him on the charges of killing the boy after sodomising him. During the hearing, public prosecutor R J Desai told the court that Padhiyar had abducted the boy from near his house by offering to buy chocolates for him. Later, Padhiyar had dumped the boy’s body in the bushes. The POCSO court accepted the arguments of the prosecution and held Padhiyar guilty.

Source: https://www.hindustantimes.com/india-news/gujarat-man-gets-death-sentence-for-killing-boy-after-sexual-assault/story-aPRABFthC5sog242uKbk5L.html (Accessed 24 December 2018)

21-yr-old woman sentenced to death for killing mother, sister (Gujrat)

Rajkot (Guj), Mar 15 (PTI)

A 21-year-old woman was today sentenced to death by a court in Gandhidham town of Kutch district for killing her mother and sister.

Additional Sessions Judge D R Bhatt awarded the death sentence to Manju Dungaria (21), after convicting her for the murder of her mother Rajiben (60) and sister Aarti (27) in February, 2017. “The court considered the incident as ‘rarest of rare’ and awarded death sentence to Manju under section 302 of the IPC. In addition, she was also sentenced to a five-year jail term under section 307 (attempt to murder), IPC,” public prosecutor Heteshiben Gadhavi said.

Manju’s brother Vijay Dungaria had alleged in his police complaint that the convict attacked Rajiben, Aarti and another sister, Madhu, with a sword when they were sleeping in their house in the Sunderpuri area of Gandhidham in the early hours of February 17, 2017. According to the complaint, the convict had attacked the victims in a fit of rage as Rajiben had slapped her, following a heated argument over domestic chores earlier that night.

Vijay, who was sleeping outside, woke up hearing his mother’s screams. He had rushed the three victims to the hospital, but Rajiben and Aarti were declared brought dead, while Madhu survived the attack. On the basis of Vijay’s complaint, Manju was arrested by the police on the same day. The court had relied on the testimonies of Vijay and Madhu, the public prosecutor said.

This is published unedited from the PTI feed.

Source: https://www.india.com/news/agencies/21-yr-old-woman-sentenced-to-death-for-killing-mother-sister-2946156/ (Accessed 24 December 2018)

2002 Godhra train burning case: Gujarat HC commutes death for 11 convicts to life in prison (Gujrat)

By Express News Service |Ahmedabad |Updated: October 10, 2017 7:00:02 am

The Gujarat High Court Monday commuted the death sentence of 11 convicts to rigorous life imprisonment and upheld the sentencing of 20 others to life term in the 2002 Godhra train burning case. It also confirmed the acquittal of the 63 remaining accused. Pronouncing the judgment, the division bench of Justices Anant S Dave and G R Udhwani also held that the state government had failed to discharge its duty in maintaining law and order in the incident and directed it to pay compensation of Rs 10 lakh each to families of the 59 people killed. The bench said that the trial court judgment had not addressed this aspect and that those who suffered injuries should also get compensation and the amount be decided by the government. ‘If we say anything, police will come to question us’

Fifty-nine people travelling in the S-6 coach of Sabarmati Express, mostly kar sevaks returning from Ayodhya, were burnt alive at the Godhra railway station on February 27, 2002. The incident had triggered widespread communal riots across the state. The High Court upheld the findings of the special trial court against those held guilty. The 11, whose death was commuted to life, had been held guilty of murder, to be read with charges of conspiracy and unlawful assembly. Among those whose acquittal was upheld by the court was main accused Maulana Umarji, who passed away in 2013. Special Public Prosecutor J M Panchal said that since the copy of the order was not available, it was not clear on what basis the court had commuted the death sentence, and pointed out that the 11 would still serve “rigorous life imprisonment”.

Before reading out its verdict, the bench led by Justice Dave said: “We regret for the delay in pronouncing the judgment…We understand the difficulties of victims and convicts… There are certain things which are not in our control.” It will send out a wrong message, say families of those killed on train. The bench said that it arrived at its conclusion after going through records, including forensic, and statements of the injured, the passengers, the railway employees, the railway police, the Godhra town police, and the fire brigade. The trial court, presided over by P R Patel, who was then additional sessions judge and is now Registrar, High Court, had in 2011 held the case to be “rarest of rare”. It had gone by the conclusion of the Supreme Court appointed-Special Investigation Team that the fire was the result of a conspiracy hatched by the accused a day earlier.

While 58 people had died on the spot, one person had died at the hospital. Among the deceased were 29 men, 22 women, and eight children. Around 45 people sustained injuries. Initially, the accused were charged under the Prevention of Terrorism Act (POTA), but the High Court had revoked this following recommendations of the Central POTA Review Committee. A total of 94 persons were initially chargesheeted based on a complaint lodged by then engine driver Rajendra Rao Jadav.

The trial court held: “The cause of fire was not short-circuit or accidental because of any leakage of kerosene from the stove of any passenger but definitely petrol in huge quantity came to be poured inside the coach (in) the rear portion, after entering into (the) coach, and then using burning rag, it was ignited.” The court held that the target of the mob was not the passengers but specifically the kar sevaks. Senior lawyer I H Syed, who appeared for convicts, said that there are several points based on which judgment will be challenged in the Supreme Court. He alleged that there was “concocted” evidence and witnesses were “tutored.”

Source: https://indianexpress.com/article/india/2002-godhra-train-burning-carnage-case-riots-gujarat-high-court-sit-commutes-death-sentence-of-11-convicts-to-life-imprisonment-4881586/ (Accessed 23 December 2018)