In this post we’ll read about the instant of reducing the death sentence of ex- IAF sergeant who killed his colleague, along with the help of his wife tried to destroy evidence by cutting the body part into pieces.

Also Read- High court commutes murder convict Dharampal’s death 

COMMUTING  DEATH  SENTENCE

In this post we’ll read about the instant of reducing the death sentence of ex- IAF sergeant who killed his colleague, along with the help of his wife tried to destroy evidence by cutting the body part into pieces.

COMMUTATION OF DEATH SENTENCE OF EX- IAF SERGEANT  WHO KILLED HIS COLLEAGUE.

Death sentence is awarded in the case of rarest of rare.

Also Read- HC: No stay on execution of death sentence – The Tribune India

FACTS 

Commutation of Death Sentence by Chandigarh High Court
Commutation of Death Sentence by Chandigarh High Court

Punjab and Haryana High Court has commuted the that sentence of ex-  Sergeant who killed his colleague on suspicion of having an affair with his wife in 2017.

The convict Sailesh Kumar  was in service at the time of committing the crime. Court awarded death penalty for Kumar and 5yr for his wife for concealing evidence. The court concluded this case falls under the category of rarest of rare.

The trail Court decided the penalty by the fact that the body was brutally cut into pieces and that gruesome manner the victim was killed would shock the conscience of the community at large.

But now the court came to the conclusion that the death of vipin Shukla was due to the injury sustained in the head and there was no record to show that at the time of causing death he had been through to any torture.

The body was cut into pieces only for the purpose of concealing  the evidence. Thus court decides the facts does not fall under rarest of rare and does not attract death sentence.

Wife sentenced to 5yr jail for helping in disappearance of evidence under 201 IPC, now reduce to Section 202 Intentional omission to give information of offence by person bound to inform.

ALSO READ- SUSPENSION OF SENTENCE CHANDIGARH PANCHKULA MOHALI

LEGAL PROVISION

Section 302 of Indian Penal Code says Punishment for murder.—Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also be liable to fine.

Section 202 of IPC says Intentional omission to give information of offence by person bound to inform.—Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Also Read- Punjab and Haryana High Court commutes death sentence 

LEGAL OPINION

Death Penalty is a process which is provided as a lawful infliction of punishment to an individual if he or she commits an act which is forbidden by law. This also follows the due procedure of law. The validity of the death penalty has been discussed concerning the Indian Judiciary concept. The arrival of death as a punishment for different crimes as well as the presence of the death penalty in several other countries is discussed and being in debate for a long time.

ALSO READ- PAROLE FROM HIGH COURT CHANDIGARH

CONCLUSION

The convict Sailesh Kumar would remain in prison for minimum 20years actual imprisonment without being entitled to any remission or commutation, high court ruled.

Also Read- Ranjit Singh vs Union Territory Of Chandigarh And

This post is written by Revathi Balakrishnan.

For case specific advice, one may contact best/top/expert Criminal Lawyer Advocate of District Courts Chandigarh Panchkula Mohali & Punjab Haryana High Court Chandigarh.

For more on 9988817966