After considering the case, the Court rejected Nagpal’s appeal against his conviction.
While deciding on the reference, the Court said that the evidence on record would suggest that the murder was not pre-planned as Nagpal was not armed with any weapon.
“Though causing death of someone in itself is perversity, however causing death by smothering and inflicting injuries by jack handle though opined to be consistent with intense torture, cannot be held to be a diabolic or seriously perverse manner of committing murder so as to shock the collective conscience of the society and fall in the category of rarest of rare cases,” the judgment stated.
The Court, therefore, modified the sentence imposed on Nagpal for the offence of murder. However, it said that the sentences awarded for offences punishable under Sections 364A, 201 and 506 IPC are not modified and will remain the same.
Source: Barandbench
