SC commutes death penalty of man convicted of murdering two including sister

The Supreme Court on Friday commuted to life imprisonment the death penalty awarded to a man who had murdered his sister and her lover in 2017 observing he has been found to be wellbehaved and without a criminal mindsetA bench headed by Justice B R Gavai delivered its verdict on the appeals filed by two convicts one of whom was awarded death penalty while the other was sentenced to life imprisonment They had challenged the December 2021 judgement of the Bombay High CourtThe high court had dismissed their appeals against the trial court verdict and confirmed the death sentence awarded to one of themWhile observing that no interference was warranted with the concurrent findings of the trial court and the high court which convicted both for the offence of murder the apex court noted the only question was whether the case fell in the rarest of the rare category so as to award death penaltyThe bench also comprising Justices Vikram Nath and Sanjay Karol observed that both the appellants do not have any criminal antecedents and appellant Digambar who was awarded capital punishment was a young man of about 25 years at the time of the incidentThe medical evidence would further reveal that the appellants have not acted in a brutal manner inasmuch as there is only single injury inflicted on both the deceased As such we find that the present case cannot be considered to be rarest of rare case the bench saidIn any case the report of the Probation Officer Nanded as well as the Superintendent Nashik Road Central Prison would show that the appellant Digambar has been found to be wellbehaved helping and a person with leadership qualities He is not a person with criminal mindset and criminal records it saidAlso Read Apex court rejects plea for transfer of assets from Thackeray to Shinde factionThe top court said it was of the considered view that the high court as well as the trial court had erred in holding that the case would fall under the category of rarest of rare to award capital punishment to DigambarWe are therefore inclined to partly allow the appeal of appellant Digambar However insofar as the appellant Mohan who has been awarded a sentence of life imprisonment is concerned we find that there is no reason to interfere it saidThe apex court noted that Digambars sister who was having an affair with a person for five years was married to a man in June 2017 and in July 2017 she left her matrimonial home without informing anybodyIt noted her husband had lodged a missing report at the police station on the same day and Digambar having knowledge of the affair was suspicious that she might have gone with that personThe court noted in the verdict that both the accused found them and Digambar assaulted them resulting in their deathThe bench said Digambar had then rushed to the police station and surrenderedThough the conviction of the appellant Digambar under section 302 murder IPC is maintained the sentence of capital punishment is commuted to life imprisonment it saidThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever