Supreme Court stays death penalty of man convicted of rape, murder of teen student in Jharkhand

03 December, 2024

New Delhi, Dec 3 (PTI) The Supreme Court on Tuesday stayed the death sentence of a 30-year–old man convicted of the rape and murder of a 19-year-old engineering student in Jharkhand’s capital Ranchi.

A bench of Justices Surya Kant, Pankaj Mithal and Ujjal Bhuyan summoned the translated copy of the trial court and the high court records convicting and awarding death sentence to Rahul Kumar.

Rahul Kumar | Source: Telegraph

“Death sentence awarded shall remain stayed. The registry to acquisition records from the trial court and the high court along with the soft copy,” directed the bench. On September 9, the Jharkhand High Court confirmed the trial court’s death sentence to Kumar alias Rahul Raj, who hails from Nawada district in Bihar. Aggrieved by the high court order, Kumar moved the top court, which as a matter of practice on the first day of a death sentence petition hearing, stayed the execution of the capital punishment and summoned the records from the subordinate courts.

The killing of the young woman, who was raped, strangled and then set on fire, took place on December 15, 2016. A trial court awarded death penalty to Kumar in December, 2019. The high court in its order said, “Life of a bright young girl aged 19 years who was studying in an engineering college, was snuffed out in a most barbaric manner… is established by the post mortem examination report duly proved by the doctors who formed the medical board to conduct the autopsy over the dead body of the victim.” Terming the crime as a “horrendous act” by the appellant the high court confirmed the capital punishment awarded by the trial court under Section 302 of the IPC.

The high court further said Kumar had come prepared with a cable cord and an electric wire to strangulate the victim besides lubricant oil to set her on fire after the incident. “Strangulation was so intense that cable cord and electric wire got embedded in the neck of the victim. Thereafter, he poured lubricant oil over the body and set her on fire. All this was done on a helpless victim, by this appellant with whom the victim had no past enmity, and after the act, he simply slipped out and absconded,” it said.

The post mortem report established “violent rape with the victim” and throttling her to death, the high court said. “This is not a case where crime was the outcome of sudden spurt of passion, but was diabolically planned and ruthlessly executed. Evidence discloses that appellant stalked the deceased, attempted to take a room on rent in her house, and thereafter, stayed in a room in a nearby temple complex…” the court said. PTI MNL AMK

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Source: https://theprint.in/india/sc-stays-death-penalty-of-man-convicted-of-rape-murder-of-teen-student-in-jharkhand/2385429/

Chhattisgarh court sentences man to death for brutal killing of 4-year-old

Statesman News Service | Raipur | November 28, 2024 

A Raipur court has awarded the death penalty to Panchram Gendre alias Mannu, convicted of the brutal murder of a 4-year-old boy in 2022. The convict, driven by unrequited obsession, abducted the child, doused him in petrol, and set him ablaze to exact revenge against the boy’s mother. The heinous crime that triggered widespread outrage across Chhattisgarh, unfolded in Raipur’s Urla area, where Panchram, a trusted neighbour of the victim’s family, exploited their trust to carry out the barbaric act.

Panchram Gendre

The incident unfolded on the morning of April 5, 2022, when Harsh, the son of daily-wager Jayendra, went missing from his home in Urla. Panchram, a neighbour and a trusted family acquaintance, had lured the child away on his motorcycle. By evening, Harsh’s charred remains were discovered at a cremation ground in Bemetara district, 70 kilometers away. The investigation revealed that Panchram, who lived in the same rental complex as Harsh’s family, harbored an obsessive affection for theboy’s mother. Police stated that Panchram, whose wife had left him years ago, abducted and killed Harsh to take revenge after his advances toward the boy’s mother were spurned. “Panchram wanted to eliminate Harsh, believing that this would pave the way for him to get closer to the boy’s mother,” said an official involved in the case. Panchram was arrested within days after he sold his motorcycle in Bhilai and attempted to flee the state. During interrogation, he confessed to the crime, providing details that shocked even seasoned investigators. Evidence, including eyewitness accounts and forensic findings, established his guilt. The court, in its judgment, noted the premeditated and barbaric nature of the crime, stating that it fell into the “rarest of rare” category warranting capital punishment.

The boy’s mother, who had previously endured unwanted advances from Panchram, expressed her anguish during the trial. “He took away my son to punish me for rejecting him. No punishment can bring my child back, but I am relieved that justice has been served,” she said. This is the first death sentence handed down in Raipur in 46 years, marking a significant moment in the city’s judicial history. The last execution in Raipur was carried out on October 25, 1978, when Baiju, a convict found guilty of murdering four people for ₹2,000, was hanged at the Raipur Central Jail. The recent verdict, delivered just two and a half years after the gruesome incident, highlights the judiciary’s commitment to swift and decisive action in heinous crimes. Crimes against children remain a significant concern in India. According to the National Crime Records Bureau (NCRB), over 43,000 cases involving minors were reported in 2023. Such statistics underscore the need for robust preventive mechanisms, including community vigilance and awareness campaigns, to ensure children’s safety.

Source: https://www.thestatesman.com/india/chhattisgarh-court-sentences-man-to-death-for-brutal-killing-of-4-year-old-1503370061.html

West Bengal - 7 men who killed 23-yr-old in 2020, chopped body into pieces, get death penalty

Nov 28, 2024

By HT Correspondent

Police said the eighth accomplice, who helped dispose of the body, has been sentenced to seven years in jail

KOLKATA: Seven persons were sentenced to death by a court in West Bengal’s Hooghly district on Thursday in connection with a 2020 murder case in which a 23-year-old man was abducted, strangled and his body chopped into six pieces. “The killers didn’t stop even after chopping his body into pieces. They laughed and slapped the severed head and put a price tag on it. The body parts were dumped in ponds and along the Delhi Road. It was one of the rarest of the rare cases. The murder had sent a shockwave in the society,” said special public prosecutor Bibhas Chattopadhyay after a court pronounced the verdict.

Police said the victim, Bishnu Mal, was abducted near his residence by Bishal Das, who was involved in multiple criminal cases, and his associates. Das was angry with him because he was in a relationship with a woman who had rejected his overtures, and masterminded the murder. Bishnu Mal’s body pieces were dumped in different locations. One of the nine accused arrested in the case turned into an approver and testified against his associates.

Bishal Das/ Vishal Das Source

Chattopadhyay said the court sentenced Das and six others to death while the eighth accused, who was roped in to dispose of the body, was sentenced to seven years imprisonment. Bishal Das, the prime accused who had tattooed the woman’s name on his arm, had fled after the gruesome murder but was later arrested in connection with a shootout in South 24 Parganas over 120km away. The prosecutor said they produced 34 witnesses against the accused. Bishal Das’s lawyer said they would appeal against the conviction.

Source: https://www.hindustantimes.com/india-news/7-men-who-killed-23-yr-old-in-2020-chopped-body-into-pieces-get-death-penalty-101732809552641.html

Mysuru district court awards man death penalty for killing pregnant wife, mother, two sons

Under the influence of liquor, Manikanta Swamy murdered his wife Ganga (28) who was in her ninth month of pregnancy, mother Kempamma (65), his two-year-old son Samrat and four-year-old son Rohith with a rod.

27 November 2024

Mysuru: A district court here has awarded death penalty to a man after finding him guilty of killing his pregnant wife, mother and two sons.

Manikanta Swamy (35) was awarded death sentence on Tuesday in a case related to the heinous crime occurred on April 28, 2021 in his village Chamegowdana Hundi in Sargur Taluk of Mysuru district. Under the influence of liquor, Manikanta Swamy murdered his wife Ganga (28) who was in her ninth month of pregnancy, mother Kempamma (65), his two-year-old son Samrat and four-year-old son Rohith with a rod.

Swamy had doubts about his wife’s fidelity and his family members tried to persuade him to give up such doubts but his doubts persisted, police said. After committing the crime, Swamy was absconding. However, the police arrested him after a manhunt.

Source: https://www.deccanherald.com/india/karnataka/mysuru-court-awards-man-death-penalty-for-killing-pregnant-wife-mother-two-sons-3294821

Mysore - Man gets death penalty for killing pregnant wife, mother, two sons

27 November, 2024 10:02 pm IST

Mysuru (Karnataka), Nov 27 (PTI) A district court here has awarded death penalty to a man after finding him guilty of killing his pregnant wife, mother and two sons.

Manikanta Swamy (35) was awarded death sentence on Tuesday in a case related to the heinous crime occurred on April 28, 2021 in his village Chamegowdana Hundi in Sargur Taluk of Mysuru district. Under the influence of liquor, Manikanta Swamy murdered his wife Ganga (28) who was in her ninth month of pregnancy, mother Kempamma (65), his two-year-old son Samrat and four-year-old son Rohith with a rod.

Swamy had doubts about his wife’s fidelity and his family members tried to persuade him to give up such doubts but his doubts persisted, police said. After committing the crime, Swamy was absconding. However, the police arrested him after a manhunt. 

PTI GMS GMS ADB KH

Source: https://theprint.in/india/man-gets-death-penalty-for-killing-pregnant-wife-mother-two-sons/2377916/

No Criminal History: Madhya Pradesh High Court Commutes Death Sentence Of Man Convicted For Rape & Murder Of Minor Girl

By Swasti Chaturvedi | 19 Nov 2024 5:30 AM

The Madhya Pradesh High Court commuted death penalty imposed on a man being convicted in case of rape and murder of a minor girl. The Jabalpur Bench was deciding a case originating from the Judgment of the Trial Court by which the said man was convicted under Sections 302 and 376(a)(b) of the Indian Penal Code (IPC) and sentenced to death penalty. A Division Bench comprising Justice Vivek Agarwal and Justice Devnarayanan Mishra observed, “… we find that there is no criminal history of the appellant. Learned trial Court has not taken this aspect into consideration. It has only said that since such offences are on rise against minor daughters, which are indicative of perverted mind, then with a view to save the dreams of minor children, conclusive punishment is required to be given to such convicts.”

Justice Vivek Agarwal, Justice Devnarayan Mishra, Madhya Pradesh High Court

Public Prosecutor Aditya Narayan Gupta appeared for the Petitioner while Senior Advocate Uma Kant Sharma appeared for the Respondent. 

Facts of the Case

Sentence including death penalty being inflicted, the case was sent to the High Court in reference by the Trial Court as per the requirements under Section 336 of the Criminal Procedure Code (CrPC). The convicted man also preferred an Appeal before the Court under Section 374(2) of CrPC, challenging the conviction and penalty on the ground that his case was based upon circumstantial evidence and there was no witness/evidence that the victim was last seen with him. As per the prosecution case, a missing person report was lodged in 2019 saying that the victim had left her home in the name of buying certain goods from a colony shop but did not return.

The victim was a minor. Resultantly, her father went to the shop and the shopkeeper informed that few minutes back, the victim had taken the item. She was then searched in the house of her friends but it was of no avail. Thereafter, the victim’s father went towards the nala and he saw his daughter lying dead on a chamber near nala. Later on, it was revealed that the victim was subjected to rape and murder. Her father claimed that the accused/Respondent raper her daughter and put her to death. The High Court after hearing the arguments from both sides, said, “… conviction of the appellant under Sections 302, 376(ab), 377, 201, 363, 366 IPC, cannot be faulted with. … coming to the issue of sentence, the Supreme Court in Mohinder Singh (supra) has held that the doctrine of “rarest of rare” confines two aspects and when both the aspects are satisfied only then the death penalty can be imposed. Firstly, the case must clearly fall within the ambit of “rarest of rare” and secondly, when the alternative option of life imprisonment is unquestionably foreclosed.”

The Court added that in life sentence, there is a possibility of achieving deterrence, rehabilitation, and retribution in different degrees but the same does not hold true for the death penalty. “It is unique in its absolute rejection of the potential of convict to rehabilitate and reform. It extinguishes life and thereby terminates the being, therefore, puts an end anything to do with the life. This is the big difference between two punishments. Thus, before imposing death penalty, it is imperative to consider the same. It is further held that for satisfying the second aspect of “rarest of rare” doctrine, the court will have to provide clear evidence as to why the convict is not fit for any kind of reformatory and rehabilitation scheme”, it noted.

Furthermore, the Court observed that though the accused tried to submit that since there was no motive to kill the minor and throttling was accidental, resulting in incidental death of the minor, but that is not the aspect to be taken into consideration, especially when it is apparent that deceased was a child of less than 12 years of age. “Her privacy was brutally violated and then she being known to the appellant, her life was terminated, then means of termination becomes secondary and will not be of any consequence. However, taking into consideration the judgment of the Supreme Court in Pappu (supra), when a mid-way approach is adopted, then we have no hesitation in maintaining his sentence under Sections 302, 376(ab), 377, 201, 363, 366 of the IPC, but societal interest can be balanced by holding that appellant shall remain in custody for the remaining period of his life rather than for 14, 20 or 30 years as offence under Section 5(m) of the Protection of Children from Sexual Offences Act, 2012, is made out for which the punishment is not less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person”, it concluded. The Court, therefore, upheld the conviction of the accused except the death sentence and commuted the same into that of imprisonment for life for the remainder of his natural life. Accordingly, the High Court answered the Reference, partly allowed the Criminal Appeal, and commuted the death penalty. 

Cause Title: In Reference v. Vishnu Bhamore (Neutral Citation: 2024:MPHC-JBP:56065) 

Appearance: Petitioner: Public Prosecutor Aditya Narayan Gupta 

Respondent: Senior Advocate Uma Kant Sharma and Advocate P.N. Tiwari.

Source: https://www.verdictum.in/court-updates/high-courts/madhya-pradesh-jabalpur-in-reference-v-vishnu-bhamore-2024-mphc-jbp-56065-rape-murder-death-penalty-commuted-1558317

Madhya Pradesh High Court commutes death sentence of accused in minor’s rape–murder

November 19, 2024:

The Madhya Pradesh High Court on November 15, 2024 commuted the death sentence of a man accused in the rape and murder of a 12-year-old girl into life imprisonment, observing that in a life sentence, there was a possibility of retribution but death penalty was “unique in its absolute rejection of the potential of convict to rehabilitate and reform.”

Vishal Bhamore was convicted on July 10, 2019 – over a month after the girl went missing while taking a trip to the local store to buy gutka for her father. A missing persons’ report was filed on June 9. Her body was found on June 10 in a local drain and a medical report eventually confirmed she was raped. According to investigators, Bhamore was initially part of the party that went out in search of the girl but later absconded.

While arguing against the death penalty, Bhamore’s lawyer, senior advocate Uma Kant Sharma, said the case didn’t fall under “rarest of rare” category, and therefore, imposing the extreme penalty was uncalled for. While commuting the sentence, a Bench of Justices Vivek Agrawal and Devnarayan Mishra said the Supreme Court has ruled that first, for imposing the death penalty, a case must clearly fall within the ambit of “rarest of rare”, and second, the alternative option of life imprisonment must be unquestionably foreclosed. “In life sentences, there is a possibility of achieving deterrence, rehabilitation and retribution in different degrees. But the same does not hold true for the death penalty. It is unique in its absolute rejection of the potential of convicts to rehabilitate and reform. It extinguishes life and thereby terminates the being, therefore, puts an end to anything to do with the life. This is the big difference between two punishments,” the HC said.

The court said that for satisfying the second aspect of rarest of rare doctrine, the court will have to provide clear evidence as to why the convict is not fit for any kind of reformatory and rehabilitation scheme. “We find that there is no criminal history of the appellant. The Learned Trial Court has not taken this aspect into consideration. It has only said that since such offences are on rise against minor daughters, which are indicative of a perverted mind, then with a view to save the dreams of minor children, conclusive punishment is required to be given to such convicts,” the court said.

Source: Indian Express - https://indianexpress.com/article/india/madhya-pradesh-hc-minor-rape-murder-accused-death-sentence-commutes-9672135/