Nitish Katara murder case: Mother seeks death for convicts

Jul 04, 2014 at 07:52pm IST

Press Trust of India

New Delhi: The mother of Nitish Katara, who was abducted and killed in 2002, on Friday sought death penalty for the three convicts including UP politician DP Yadav's son Vikas saying they were a "menace to the society and there was no chance of their reformation or rehabilitation". Neelam Katara's counsel, during his arguments on the sentence before a special bench of justices Gita Mittal and JR Midha, said that the convicts have also committed several offences while remaining behind the bars, which showed no remorse and repentance on their part. "From 2002 to 2013, they (convicts) committed over eleven offences, which shows no remorse and repentance. They committed these offences while remaining in custody. This shows that there is no chance of their reformation and rehabilitation.

"I am placing material which prove they are a menace to the society and that itself will establish that there is no possibility of their reformation. So, the only option is death sentence," advocate PK Dey, appearing for Neelam, told the bench. Seeking enhancement of the sentence of life term to death penalty, the counsel argued the eleven offences committed by them are not only criminal in nature but it was a direct interference with the judicial administration. Referring to Vishal, the counsel said while remaining in jail, he and other convicts have threatened the prosecution and even tried to destroy the evidence in the case, which suggests Vishal has no remorse and repentance.

Dey argued the convicts have committed the crime of honour killing which comes under the category of the "rarest of rare" and they can neither be reformed nor rehabilitated as they are habitual offenders. The arguments which remained inconclusive will continue on July 11. During the hearing, Delhi State Legal Services Authority (DLSA) OSD SS Rathi, who was asked by the high court to enquire about the convicts' capacity to pay compensation to the victims or their families, gave the report. Rathi in his report said the "total expenditure incurred on this case by the exchequer is Rs 5.86 crores". Giving details of the expenses, Rathi said that the then Special Public Prosecutor B S Joon in the case has apprised that the cost of investigation in the matter was around Rs two lakh in the year 2002.

"As such, the total approximate cost from the prosecution department side comes to Rs 46.71 lakh. Total expenditure in the Witness Protection head comes to Rs 3.89 crores till date. "Total expenditure incurred by District Judiciary as well as High Court registry is estimated to be Rs 73-74 lakh. All expenses incurred by the Jail Administration in providing boarding and lodging of accused/convicts is Rs 35.60 lakh," the report reads. It said the expenses incurred in transportation, security and manpower for the three convicts from jail to court/hospitals during trial and thereafter is Rs 39.95 lakh. In pursuance of a Supreme Court order, the Delhi High Court had said three convicts will have to pay compensation to the family of Nitish.

The apex court had in a landmark verdict in Ankush Shivaji Gaikwad Vs UOI case, said that under Section 357 of the Criminal Procedure Code, courts dealing with criminal offences are bound to consider granting compensation to the victims or their families. Vikas, Vishal and Sukhdev Pehalwan are serving life term for abducting and killing Nitish Katara, a business executive and son of an IAS officer, on the intervening night of February 16-17, 2002. They did not approve of the victim's affair with Bharti, daughter of DP Yadav. The High Court had on April 2 upheld the verdict of the lower court in the case by describing the offence as "honour killing" stemming from a "deeply entrenched belief" in caste system.

Nitish Katara was abducted and killed by Vikas, his cousin Vishal Yadav and co-convict Sukhdev Pehalwan as they did not approve of victim's affair with Bharti, daughter of DP Yadav, as they belong to different castes, the court had said. The high court had dismissed the appeals of the convicts and kept pending two separate pleas of the state and Neelam Katara seeking death penalty for them.

Source: http://ibnlive.in.com/news/nitish-katara-murder-case-mother-seeks-death-for-convicts/483753-3-244.html [last accessed 06.02.2015]

Indian SC stays killer Ikhwani’s execution

Srinagar, July 05 (KMS): The Supreme Court of India has stayed the execution of death sentence of an Ikhwani (government gunman) who was awarded lifer by a court of occupied Kashmir for murdering five persons, including four of a family, in north Kashmir in 1997.A Division Bench of the apex court comprising Justices Dipak Misra and V Gopala Gowda stayed the death sentence of Ghulam Mohi-ud-Din Wani.

According to the case details, Wani, who was working with Indian army, had barged into the house of Mohammad Yousuf Ganai at village Vilkal in Kupwara on March 16, 1997, and opened indiscriminate fire on the inmates. Yousuf Ganai, his wife and two children were killed in the firing. Wani had then barged into another house in the neighbourhood and shot dead a policeman, Mohammad Ishaq. He was convicted by the Kupwara Sessions Court in August 2009 and sentenced to death.

Subsequently, he had filed an appeal against the judgment before the High Court of occupied Kashmir that had upheld the verdict of Kupwara Sessions Court. Later, he had moved the Indian Supreme Court against it.

Source: http://www.kmsnews.org/news/2014/07/05/indian-sc-stays-killer-ikhwanis-execution.html [last accessed 06.02.2015]

SC commutes death sentence of 26-year-old youth

Press Trust of India | New Delhi 

July 3, 2014 Last Updated at 21:35 IST

The Supreme Court today commuted the death sentence of a 26-year-old youth to life term for killing a woman and her son saying that the convict is an educated person so there are chances of his reform. A bench of Justices H L Dattu and S J Mukhopadhayacommuted the death awarded to Santosh Kumar Singh on the ground that the case does not fall within the realms of "rarest of the rare category". "It is true that the accused has committed a heinous crime, but it cannot be held with certainty that this case falls in the rarest of the rare category. 

"On appreciation of evidence on record and keeping in mind the facts and circumstances of the case, we are of the view that sentence of death penalty would be extensive and unduly harsh," the bench said. "Accordingly, we commute the death sentence of appellant to life imprisonment. The conviction and rest part of the sentence are affirmed," the bench said. The bench noted that the accused was a tutor in the family and was known to every member of the household and there is nothing specific to suggest the motive for committing the crime except the articles and cash taken away by him. Further, it said, "It is not the case of the prosecution that the appellant cannot be reformed or that the accused is a social menace. Apart from the incident in question there is no criminal antecedent of the appellant. 

According to police, Santosh was known to the family of one Gulam Mohd as he used to come to their house to teach the children. On May 7, 2010, he came to their house in Singrauli in Madhya Pradesh and returned after sometime and attacked Gulam's wife and their children with an iron hammer. Thereafter, he looted cash and jewellery from their house. The woman died on the spot while their son succumbed to injuries later. The trial court had awarded death sentence to Santosh and the sentence was also upheld by the Madhya Pradesh High Court.

Source: http://www.business-standard.com/article/pti-stories/sc-commutes-death-sentence-of-26-year-old-youth-114070301263_1.html [last accessed 06.02.2015]

HC upholds death penalty to minor's rapist-killer

TNN | Jul 3, 2014, 09.58AM IST BHOPAL:

Madhya Pradesh high court has upheld death sentence awarded to Vijay Raikwar of Sagar district, who is charged with rape and murder of a 7-year old girl. In the judgment, court of Justice Ajit Singh and Justice N K Gupta said the act was not only heinous but is shameful for entire humanity. On December 7, 2012 naked body of the girl was found in Rehli. 

The girl who was sister of the accused's friend came to Raikwar's house to play with her companion when, Raikwar lured her with a coin and took her to a separate room and raped her. After the act, Raikwar strangulated her to conceal his act. The coin which was given by Raikwar was also found along with the body of the girl, prosecution sources said.

Injury marks were found on the body and DNA samples taken from the body matched with Raikwar's DNA, said prosecution sources. Accused was booked under Section 302 and Section 376 of Indian Penal Code (IPC) and Protection of Children against Sexual Offences Act. In December last year court of additional sessions judge, Devraj Bohare had sentenced him with capital punishment.

Source: http://timesofindia.indiatimes.com/city/bhopal/HC-upholds-death-penalty-to-minors-rapist-killer/articleshow/37685130.cms [last accessed 06.02.2015]

Death sentence suggested for guilty in child sex abuse cases

Press Trust of India  |  Salem  

June 28, 2014 Last Updated at 21:38 IST

 Tamil Nadu Minister for Highways and Minor Ports Edapadi Palaniswamy today advocated the death sentence for those found guilty in child sexual abuse cases. 

Speaking at a function here, he said those charged with the crime would not be allowed to go on bail and the remand period would be for a minium period of 30 days. All necessary help would be provided to the victims, he said. 

The minister distributed gold thalis worth Rs five crore to 1,800 persons and sewing machines to seven persons under a government scheme.

Source: 

http://www.business-standard.com/article/pti-stories/death-sentence-suggested-for-guilty-in-child-sex-abuse-cases-114062800759_1.html [last accessed 06.02.2015
]

Maharashtra: Bus driver given death for mowing down 9 pleads 'unsound mind'

Press Trust of India

Jun 25, 2014 at 07:41pm IST

Mumbai: Santosh Mane, a former state transport bus driver, who has been awarded death penalty for mowing down nine persons in a fit of reckless driving on Pune roads in January 2012, on Wednesday pleaded before the Bombay High Court that he was of "unsound mind" at the relevant time. Mane's lawyer argued that he did not have the motive to commit such a heinous crime and that at the time of the incident he was of "unsound mind". 

A bench of Justices VM Kanade and PD Kode was hearing an appeal filed by Mane against his conviction by the Pune trial court. To a query by the bench whether the trial court had observed that he was of "unsound mind" at the time of the incident, the lawyer replied in the negative. However, the lawyer said, at the stage of remand, the driver had filed an application in the trial court saying that he was of "unsound mind" and for that he needed treatment. The court had then asked a psychiatrist to give him medical help. The lawyer further informed the bench that the trial court had rejected Mane's plea that he was of "unsound mind". The high court wanted to know whether Mane had challenged that order in a higher court. 

To this, lawyer replied in the negative but said he had a doctor's certificate saying Mane was of "unsound mind". However, the high court said that it was not sufficient to have a letter from the doctor about the accused being of "unsound mind". "You (Mane) cannot take such a plea just because you are being treated for this. The trial court should have given a finding to this effect," the bench said. The court was hearing an appeal filed by Mane against death sentence, along with the appeal on confirmation of death penalty given to Mane. In September, 2013, the high court had set aside the death penalty awarded to Mane, noting that the trial court had not heard him on the point of sentence. The court referred the matter back to the trial court, asking it to hear Mane again. The trial court subsequently once again awarded him death sentence. It reasoned that the crime was of the "rarest of the rare" category as Mane had killed people by running them over with an ST bus, fully conscious of the consequences. 

On January 25, 2012, Mane hijacked a state transport bus from Swargate depot in Pune city and went berserk as he drove it around, mowing down whoever came in his path. By the time police chased him down and stopped him, he had left nine people dead and 37 others injured.

Source: http://ibnlive.in.com/news/maharashtra-bus-driver-given-death-for-mowing-down-9-pleads-unsound-mind/481829-3-237.html [last accesse 06.02.2015] 

HIV rapist's death sentence commuted

Asseem Shaikh, TNN | Jun 19, 2014, 01.37AM IST PUNE: The Bombay High Court has commuted to life the death sentence awarded to a 29-year-old HIV patient, from Pune. He had raped his seven-year-old niece and then strangled her at Kasegaon village in Sangli in 2011. The bench comprising justices V K Tahilramani and V L Achliya observed, "There can be no doubt that the offence committed by the accused deserves severe condemnation and it is a heinous crime, but on looking at the cumulative facts and on balancing the aggravating and mitigating circumstances of the case, we do not think that the case falls in the category of rarest of rare cases. Hence, we are not inclined to confirm the death sentence." On March 26, 2013, the district and sessions court at Islampur had convicted and sentenced him to death for raping and murdering the girl. The victim, a resident of Sangli, was studying in standard two in a local school. The prosecution's case is that on February 26, 2011, the man had taken the girl from school to Kalammawadi, near Kasegaon in Walva tehsil and raped her in a sugarcane field. He then strangled her and fled to Pune. When the girl did not come back from school, her mother told her husband. He inquired with the school teacher who had told him that she had gone with her maternal uncle. After a search, the girl's father registered a criminal case with the Kasegaon police station. The rapist was arrested after investigations revealed his involvement in the crime. The victim's body was recovered from the sugarcane field. The trial court had sentenced him to death under section 302 of the Indian Penal Code (IPC). He was sentenced to life imprisonment for rape under section 376 (2) (f) of the IPC. He was also sentenced to three years' rigorous imprisonment each for kidnapping and destroying evidence under sections 363 and 201 of the IPC. The trial court had sent a reference to the high court for confirming the death sentence. He had also filed a criminal appeal challenging the death sentence in the high court. Additional public prosecutor Mankuwar Deshmukh relied on aggravating circumstances to prove that the accused had brutally raped and murdered a defenceless girl. She pleaded to confirm death sentence as the girl was last seen in the company of the accused. She relied on the DNA report to prove that the blood stains found on the victim's frock matched his blood group. She submitted that the rapist was a habitual offender as he had two cases registered against him with the Chinchwad police station here in 2009 and 2011. The HC later found that he had been acquitted in both the cases. The HC appointed lawyer Abhaykumar Apte to represent the man from its legal aid committee. Apte argued that police had not recorded his statement to show that the dead body was recovered at his instance. He also challenged the identification parade of the accused on the grounds that the witnesses had seen him at the police station. The HC's observations Quoting several Supreme Court judgments, the HC bench said, "The man was suffering from HIV and this was the only mitigating circumstance in his favour for commuting his death sentence to life imprisonment." The HC also sought his doctor's advice on whether his life span will be that of an ordinary man if he continued with the medicines. While partly allowing his appeal, the HC on examining the evidence maintained his conviction under sections of the IPC, but commuted the death sentence given for murder to life imprisonment. The HC also commuted the life imprisonment awarded for rape to 10 years RI. However, both the sentences will run consecutively. The sentences of three years RI each awarded for kidnapping and destruction of evidence will run concurrently. The judgment was delivered on May 8 and posted on the HC website on June 18. Source: http://timesofindia.indiatimes.com/city/pune/HIV-rapists-death-sentence-commuted/articleshow/36781424.cms [last accessed 06.02.2015]