Delhi District Court
Sc No. 43/12. State vs . Ram Sagar @ Sagar. on 6 February, 2014
SC No. 43/12. State Vs. Ram Sagar @ Sagar.
IN THE COURT OF SH. ASHUTOSH KUMAR :
ADDL. SESSIONS JUDGE3 : DWARKA COURTS : DELHI.
In the matter of:
Session Case No. 43/2012.
FIR No. 353/2009.
PS Najafgarh.
U/s 302 IPC.
State.
Vs.
Ram Sagar @ Sagar,
S/o Gunjan Yadav,
R/o Satte Ka Plot,
Bhuton Wali Gali No. 7,
Nangloi, Delhi.
Permanent Address:
Village Amrit Nagar,
District Darbhanga,
Bihar. ... Convict.
Date of Judgment. : 30.1.2014.
Arguments Advanced On. : 5.2.2014.
Date of Order on Sentence. : 6.2.2014.
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SC No. 43/12. State Vs. Ram Sagar @ Sagar.
:: ORDER ON SENTENCE ::
6.2.2014.
Present: Sh. Pramod Kumar, ld. Addl. PP for State.
Convict produced from JC.
1.Vide judgment dated 30.1.2014 passed by this Court, accused was convicted for the offence punishable u/s 302 IPC.
2. I had heard arguments on the point of sentence on 5.2.2014 and have perused the entire record, carefully.
3. Ld. Addl. PP for State had submitted that maximum sentence may be awarded to the convict considering the gravity of offence in question, cruelty of the convict in causing the death of deceased, who was close friend of deceased and also in view of the fact that, one innocent life has been lost, due to ill intention and evil eye of convict to possess the wife of deceased. He had further stated that convict does not deserve any leniency.
4. It was submitted by the ld. proxy counsel (amicus curiae) for convict that the convict Ram Sagar @ Sagar is 26 years of age and at the time, when the offence was committed, Page No. 2. Contd... ... ...
SC No. 43/12. State Vs. Ram Sagar @ Sagar.
he was approximately 22 years of age. It was further submitted that the convict has a young wife and old aged parents to support and the convict is the sole bread earner for his entire family. It was further submitted that the convict has already spent approximately 4½ years in custody in this case. It was further urged on behalf of the convict that there is no previous conviction or involvement of this convict in any other case. It was further argued that the convict belongs to very poor family and lenient view may be taken against him, as it is not a rarest of rare case.
5. As per Section 302 IPC, for which the accused has been convicted, the punishment prescribed is death, or imprisonment for life, and fine.
6. All murders are gruesome and cruel. No doubt in the present case, the convict in furtherance of his motive to possess the young and beautiful wife of his friend, had committed the murder of deceased, in a brutal and inhuman manner, as a result of which an innocent life was lost. The reason for murder of the deceased was the lust of convict Ram Sagar @ Sagar to possess Sunita (wife of deceased).
7. It is well settled law that the death penalty can be Page No. 3. Contd... ... ...
SC No. 43/12. State Vs. Ram Sagar @ Sagar.
imposed only in the rarest of rare cases. In case of "Jai Prakash Vs. State", 2006, Criminal Law Journal 235 Allahabad High Court, where the accused suspected the chastity of his wife and there were frequent quarrels on that ground and on the day of occurrence he had gone to the village of his wife, and killed his wife and daughter with an axe, it was held that the case did not fall in the category of rarest of rare case, where death sentence should be imposed. To this effect was another case reported as AIR 1983 Supreme Court Page 629. It was observed in Bachan Singh's case (AIR 1980 Supreme Court 898) that a real and abiding concern for the dignity of human life postulates resistance to taking life through laws instrumentality. That ought not to be done save in the rarest of rare cases when the alternative as above is unquestionably foreclosed. Further, in case reported as 1999 Criminal Law Journal Page 4552 Supreme Court, State of Rajendran, where wife and two children of the accused were burnt in the hut, the penalty of death sentence imposed upon the convict was commuted to imprisonment for life, considering that the case did not represent one of the rarest of rare cases. The Hon'ble Supreme Court in case of "Shankar Kisanrao Khade Vs. State of Maharashtra", Criminal Appeal No. 362363 of 2010, had discussed the entire case laws on the said Page No. 4. Contd... ... ...
SC No. 43/12. State Vs. Ram Sagar @ Sagar.
aspect.
8. Considering the totality of the aggravating and mitigating circumstances and in view of the aforesaid case laws, I am of the considered opinion, that this case does not fall in the category of rarest of rare cases, which warrants death sentence. Accordingly, considering the facts and circumstances, the convict Ram Sagar @ Sagar is hereby sentenced to imprisonment for life alongwith a fine of Rs. 5,000/. The convict shall suffer simple imprisonment for a period of three months in case of default of payment of fine. Benefit of Section 428 CrPC be given to the convict.
9. Copies of judgment and order on sentence, be supplied to the convict, free of cost, immediately.
10. A copy of order on sentence be also sent to the concerned Jail Superintendent, for information and compliance.
File be consigned to record room.
Announced in the open Court on 6.2.2014.
(ASHUTOSH KUMAR) ADDITIONAL SESSIONS JUDGE3 :
DWARKA COURTS : DELHI Page No. 5. Contd... ... ...