Shivani Thakur
Published on: April 6, 2022 at 17:55 IST
The Rajasthan High Court recently commuted the Death Sentence of four members of a family Convicted of killing four people, including a minor, to Life Imprisonment in Land Dispute.
A Bench of Justice Sandeep Mehta and Vinod Kumar Bharwani was hearing Appeals filed by Atmaram Lakhara, Omprakash and Leeladhar – all brothers, along with Sharvan Kumar son of Leeladhar.
The four men Challenged the Judgement of a Session Court at Bhadra, Hanumangarh District which by an Order had handed down Death Sentence to them.
After Assaulting and killing the kailesh, his father Bharwaelal and brother Pankaj while they were harvesting the crop in the field, the Accused then reached the home of the Victim to Assault Bhanwarlal’s father Moman ram and his daughter Chandrakala. In this Moman Ram died on spot while Chandrakala sustained severe Injuries.
The Trail Court said that the attack was fuelled by motive/enmity arising from land dispute.
While the Trail Court heavily relied upon the Dying Declaration of kailash, The High Court Bench led by Justice Mehta held the same to have several discrepancies and doubted it’s ‘creditworthiness.’
The High Court, however, relied on the Statement of Chandrakala, who was an injured Witness in the Case. Considering the Material on Record, the Bench said upheld the Conviction.
“We are of the firm opinion that the Prosecution has proved by unimpeachable reliable Testimony, the factum of the Assault made by the four Accused Appellants and two absconding Accused Rakesh and Pawan in the field, where Bhanwar Lal and Pankaj were murdered and Kailash was seriously injured and later on died and in the residential premises, where Moman Ram was murdered and Chandrakala was caused numerous injuries,” the Court said.
The Bench noted that the four convicts suffered incarceration in the prison since 2013.
“True it is that the Conduct of the Accused while launching the pre-planned Assault on the three victims in the field and on Moman Ram and Chandrakala at their residence was heinous as well as brutal. However, it is a universally acceptable proposition that reformative theory has to be given Precedence over Capital Punishment, which should be considered a last resort,” the bench observed.
The Court made it clear the Life Imprisonment would be for the remainder of the Natural Life.
“If the Accused are permitted to roam at large without suffering the ‘Imprisonment for Life’ in its literal meaning, they would in all likelihood eliminate the remaining family members as well if set at liberty,” the Court said.