'In the interest of justice': SC converts death penalty of murder convict to 20 years imprisonment

The death penalty of a murder convict was converted into 20-year imprisonment by Supreme Court on Thursday after the apex court said it found the case was one wherein it can be held that imposition of death penalty is the only alternative. --Reports ETV Bharat's Sumit Saxena.

New Delhi:The Supreme Court Thursday converted the death penalty of a murder accused into life imprisonment for a fixed term of 20 years without remission, saying “the present case is not a case wherein it can be held that imposition of death penalty is the only alternative”.

A bench comprising justices B R Gavai, B V Nagarathna, and Prashant Kumar Mishra said: “We find that the interest of justice would be met by converting death penalty into life imprisonment i.e. actual imprisonment for a period of 20 years without remission”.

The apex court judgment came on appeals filed by appellants Madan and Sudesh Pal challenging the Allahabad High Court judgment. The high court confirmed the reference regarding the death penalty for Madan, whereas Pal’s plea was partly allowed and the sentence of capital punishment imposed on him was converted to life imprisonment. The accused were convicted for murder of six persons, by firing indiscriminately at them, due to village election rivalry. An FIR was registered on October 14, 2003, regarding the incident and charge sheet was filed against Madan, Kanwar Pal, Ishwar, Pal, and others.

Justice Gavia, who authored the judgment on behalf of the bench, said: “We find that the high court was not justified in imposing death penalty on appellant Madan while converting the death penalty imposed upon Sudesh Pal to life imprisonment. If the judgment of the High Court is maintained, it would lead to an anomalous situation”. The bench noted that whereas Pal would be entitled for consideration of his case for remission and pre-mature release on completion of a particular number of years in accordance with the relevant rules, appellant Madan will have to face the death penalty.

“Taking into consideration all these factors, we find that the present case is not a case wherein it can be held that imposition of death penalty is the only alternative. Another reason that weighs with us is that from the evidence of the witnesses, it is clear that the role attributed to all the accused persons has been similar," said the bench, in its 76-page judgment.

The bench noted that the evidence of witnesses would show that the role attributed is that all the accused persons including both the appellants herein had fired shots and indiscriminately indulged in the firing. “The trial court imposed capital sentence on appellants Madan and Sudesh Pal. However, insofar as accused Ishwar is concerned, though the evidence against him is on similar lines, he was sentenced to life imprisonment. The High Court, on the basis of the same evidence, though confirmed the death penalty insofar as appellant Madan is concerned, partly allowed the appeal of Sudesh Pal and sentenced him to undergo life imprisonment”, noted the bench.

The bench said a perusal of the judgment of the high court would reveal that the only distinction drawn by it between the cases of Sudesh Pal and Madan is the additional factor that Madan was already awarded life imprisonment in another case. In the present case, the apex court on March 16, 2023, called for the probation officer’s report, prison conduct report and psychological assessment report.

Madan’s psychological assessment report claimed that he was maintaining his daily activities adequately and his socio-occupational functioning is unaffected except occasional forgetfulness which could be age related. As per the report, Madan has voluntarily taken up tasks in prison to keep himself occupied and also taken up responsibilities to help younger prisoners to lead a better life in prison

“As per the Prison Conduct Report submitted by the Superintendent, District Jail, Baghpat, appellant Madan is currently 64 years old. He has been in prison for 18 years and 3 months. During this entire duration, he has no history of any kind of prison offence. The Report further shows that he has not been involved in any form of quarrels or fights in prison. The Report shows that he has cordial relations with other prisoners in his barrack and follows the prison rules”, noted the bench.

The apex court observed that six deaths were caused on account of brutal firing by the appellants and other accused persons, one of the eye witnesses was also murdered during the pendency of the trial, and the terror of accused persons was of such a high magnitude that even the witnesses who had received grievous injuries did not support the prosecution case and were required to be declared hostile.

The bench said it is of the considered view that the act of the appellants and the other accused would certainly be the one which shocked the collective conscience of the society and fall in the category of rarest of rare cases. The state government said that the appellants have brutally killed six innocent persons only on account of political rivalry and they are not entitled to any leniency.

The apex court dismissed the appeal filed by Sudesh Pal and partly allowed Madan’s appeal. “Conviction under Section 302 of IPC is confirmed insofar as appellant Madan is concerned. However, the death penalty imposed on him is converted into imprisonment for a fixed term of 20 years, including the period already undergone, without remission”, said the bench.