Abolish Death Penalty India: migrant labourer

Sunday, December 23, 2018

Death sentence for man convicted of killing Kerala family (Kerala)

Published: March 21, 2017 12:52

Thiruvananthapuram: A 30-year-old migrant worker convicted of murdering his employer and his parents in Kerala’s Kottayam district has been handed the death sentence.

The Kottayam Principal Sessions Court said on Tuesday the crime committed by Narendra Kumar fell within the rarest of rare category, and ruled that the convict must pay Rs 300,000 and another Rs 25,000 he had stolen from his victims, to the surviving member of the family. The incident happened on May 16, 2015, at Parambuzha near Kottayam, where Kumar was employed by a dry cleaning firm run by Praveen Lal, 28 and his parents, Mooleparambil Lalason, 71, and Prasannakumari, 62. The dry cleaning and laundry unit was attached to the family’s house.

Kumar had come from Firozabad in Uttar Pradesh to Kerala in search of work. He committed the crime apparently for money. After bludgeoning all three, and striking them with an axe, Kumar also gave them electric shocks to ensure they were all dead. Praveen Lal was murdered first.

Kumar then got his parents to come to the house and murdered them, too. After the crime, he hired an autorickshaw to go to the Kottayam railway station, from where he went to Goa and Mumbai on way to Uttar Pradesh. Kerala police searched for him relentlessly and a team led by the circle inspector of Pampady, Saju Varghese finally nabbed him from Uttar Pradesh. Kumar had been doing odd works at the laundry unit, including pressing clothes. He later confessed to police that he had committed the crime to make enough money to settle his debts.

Source: https://gulfnews.com/world/asia/india/death-sentence-for-man-convicted-of-killing-kerala-family-1.1997631 (Accessed 23 December 2018)

Uttar Pradesh labourer gets death sentence for murdering 3 of family (Kerala)

March 21, 2017 6:46 PM IST

Kottayam (Ker), Mar 21 (PTI) A migrant labourer from Uttar Pradesh was today awarded death sentence by a court here for killing three members of a family at Parapuzha in the district in 2015.

Principal Sessions Judge S Santha Kumari awarded the sentence to Narendra Kumar (30), a native of Ferozabad in Uttar Pradesh. The judge also imposed a double life sentence, along with seven years of imprisonment, on the accused and described the case as a “rarest of rare” one.

All the sentences will run concurrently. The sentence was a “warning” to those migrant workers who indulged in crime, the court said and ordered a compensation of Rs three lakh to the relatives of the deceased. The prosecution case was that the accused had murdered an elderly couple — Lazer (71) and Prasannakumari (62) — and their son Praveen Lal (28) on May 16, 2015.

Kumar, who worked in a laundry, committed the murders and decamped with gold ornaments and cash to repay his debts, it was alleged. The court had found him guilty under sections 302, 397, 457 and 380 of the IPC.

Source: https://www.india.com/news/agencies/up-labourer-gets-death-sentence-for-murdering-3-of-family-1948001/ (Accessed 23 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