The Delhi High Court upholds life term of two for murdering man

The Delhi High Court has upheld the life imprisonment of two persons for killing a man and throwing his body in a jungle, while setting aside the trial court’s verdict convicting and sentencing the victim’s wife.

The court said each chain of the circumstances points towards the involvement of convicts Sachin and Sunil but no substantial legal evidence has come on record against Prabha, the victim’s wife.

A bench of Justices Siddharth Mridul and I S Mehta upheld the decision of a trial court convicting and sentencing the two men for killing Rakesh.

“The facts are interdependent and leave no room except to show involvement of accused persons in the crime committed. Therefore, we find no merit in appeals of accused Sachin and Sunil, same are dismissed,” it said.

“Each chain of the circumstances pin points towards the involvement of appellants Sachin and Sunil,” the bench said.

Both the men, who were friends with the woman, were convicted for the offences of murder, criminal conspiracy and destruction of evidence.

The bench set aside the trial court’s verdict convicting and sentencing Prabha to life term and said that she be released from the jail forthwith, if not required in any other case.

The case came to the fore after Rakesh’s father lodged a missing persons complaint alleging that his son went to his in-laws’ house in south Delhi’s Jaitpur on May 7, 2011 to meet his wife, who was living separately due to their strained relation, but did not return the next day.

The police then traced Sachin and Sunil after going through call records of the woman, who was constantly in touch with the two men before the murder, which led to the recovery of Rakesh’s bones from a jungle two weeks later, the prosecution had said.

While convicting the three in July 2017, the trial court had noted that the cause of death could not be ascertained but circumstantial evidence established he was killed by the trio.

They were arrested on May 23, 2011 and several items were found during the investigation which proved their guilt, the court had said.

During the trial, they had claimed innocence and said they were falsely implicated.

Delhi High Court : Two get seven year jail for killing momos vendor for asking money.

 The Delhi High Court has sentenced two persons to seven years in jail for killing a street vendor by hitting him with a gas cylinder after he asked them to pay for a plate of momos.

The high court, while deciding the appeals of the two men, reduced their sentence from life imprisonment awarded to them by a trial court which had convicted them for the offence of murder.

It reduced the jail term after modifying their conviction for offence of murder to causing death of a person without any intention.

A bench of Justices S Muralidhar and I S Mehta considered that both men were of young age at the time of the incident in 2012 and had no history of any criminal activity. Their conduct in the jail was also found to be satisfactory.

The court, however, maintained the conviction of Najafgarh residents Dharmendra and Jitender for the offence of attempt to murder.

It also imposed a fine of Rs 30,000 each on both convicts.

The two men were held guilty by a trial court for murdering momos vendor Monu and attempting to kill his relative Ravi who tried to save the victim.

According to the prosecution, the incident took place on January 8, 2012, when Ravi and his nephew Monu were selling momos in Najafgarh area in south west Delhi in the evening.

A man came there and ordered momos and when Monu asked for payment, he threw the plate on the victim’s face and threatened him, it had said.

After sometime, the man along with some of his associates returned to the eatery with sticks and started beating the two vendors with sticks and gas cylinder. They both fell unconscious.

While Ravi was discharged from hospital after some days, Monu succumbed to injuries.

During the trial, the accused had claimed innocence and said they were falsely implicated in the case.

While modifying the conviction, the high court noted that the attack on the two was preceded by an altercation which in turn arose as a result of the deceased demanding money for momos and that the attack was “not premeditated”.

“It was on the spur of the moment in the heat of passion. Further, it was a single blow which did not immediately result in the death of the deceased. After undergoing treatment for 15 days for the single head injury the deceased succumbed. All these factors collectively considered persuade the court to hold that the offence was one of culpable homicide not amounting to murder,” the bench said.

The court added that it cannot be said that the accused intended to kill the victim although they should be attributed the knowledge that the injury on his head with sticks would in all likelihood cause death.

Jigisha murder: HC commutes death penalty to 2 to life term

The Delhi High Court today commuted the death penalty awarded to two convicts in the 2009 Jigisha Ghosh murder case to life imprisonment.

A bench of Justices S Muralidhar and I S Mehta, however, upheld the life imprisonment awarded to the third convict by a trial court in the case.

“We commute death sentence awarded to two convicts to life imprisonment,” the bench said.

While convicts Ravi Kapoor and Amit Shukla were handed down death penalty by the trial court in 2016, the third offender Baljeet Malik was given reprieve from the gallows for his good conduct in jail and awarded life imprisonment for murder of the IT executive and other counts.

While sentencing the two to death, the trial court had said the 28-year-old woman was killed in a “cold-blooded, inhuman and cruel manner” and “brutally mauled to death”.

The police had claimed robbery was the motive behind the killing.

While seeking setting aside of the conviction and order on sentence for Shukla and Malik, their advocate Amit Kumar had contended before the HC that the trial court had committed error by awarding death penalty and life imprisonment to his clients respectively, simply on the basis of biased jail/ probation report about the both.

Release funds for salary of EDMC employees: HC

Release funds for salary of EDMC employees: HC
Release funds for salary of EDMC employees: HC

Warning of a health epidemic, Delhi High Court today directed the city government to ensure immediate release of funds to East Delhi Municpal Corporation to pay dues to employees for May and observed that sanitation workers cannot be expected to work without salaries.

“Why should the poorest wait for their salary. We have gone past promises. People on ground are suffering. Why should they work without salary?” the court said and issued a slew of directions to immediately clear the “alarming proportions” of garbage which has been piling on streets due to a strike by the workers.

The High Court also voiced unhappiness over Delhi Government’s submission that it will take a decision for release of funds in its budget session and said, “Call for an emergency session. It’s a serious issue, a health epidemic.”

On the issue of removal of garbage from the areas, a bench of justices S Muralidhar and I S Mehta directed the Commissioner of Police to constitute specific task forces to be headed by an officer not below the rank of sub-inspector to oversee ward-wise garbage removal right away.

It also restrained the associations of safai karamchaaris from obstructing removal of garbage from dumps, a function which has been outsourced to private agencies.

The court directed the city government, Chief Secretary and Urban Development secretary to hold a meeting with the EDMC Commissioner tomorrow morning and decide the amount required by EDMC for payment of salaries while ensuring that it is released soon.

The bench also directed the Delhi government to ensure that the required funds are “provisionally” transferred by June 15 with the condition that it would be used only for paying the EDMC employees.

It also directed the Police Commissioner, or his representative, and Commissioner of EDMC to meet today itself to work in close coordination over setting up of task force to ensure “removing of garbage is straight away carried out”.

The court passed the order after it perused news reports and pictures submitted by advocate Sanjeev Ralli, who showed photographs of various areas in east Delhi where garbage has spilled onto the roads.

The bench issued notice to Centre, Delhi government, EDMC and various associations of safai karamchaaris, seeking their replies before the next date of hearing on June 19, when the authorities have been directed to submit their compliance reports.

HC extends parole of Priyadarshini Mattoo killer

HC extends parole of Priyadarshini Mattoo killer
HC extends parole of Priyadarshini Mattoo killer

The Delhi High Court on Monday extended till June 19 the parole granted to Santosh Kumar Singh, serving a life term for the rape and murder of Priyadarshini Mattoo in 1996. Singh was earlier granted parole on May 15 to appear in the examinations for the Post Graduate Diploma in Criminology and Forensic Science course, which will expire on Tuesday. He now sought extension of parole saying his wife was pregnant and some tests need to be done between June 11 to June 13.

Justice I.S. Mehta extended the parole after Singh placed on record his wife’s medical reports. Singh, the son of a senior police officer, and then a law student in Delhi University had raped and strangled the 26-year-old law student at her Delhi home in January 1996. On December 3, 1999, the trial court had acquitted him but the Delhi High Court had on October 27, 2006 held him guilty of rape and murder and awarded death sentence.