The High Court, however, relied on the statements 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 seriouslyinjured and later on died and in the residential premises, where Moman Ram was murdered and Chandrakala was caused numerous injuries,” the Court said.
However, as far as the death penalty was concerned, the bench noted that the four convicts suffered incarceration in prison since the year 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.
Though the trial court has undertaken the exercise of trying to assess the mitigating and aggravating circumstances, but the High Court took the view that the case does not satisfy the requirements for awarding the extreme death penalty.
The bench, therefore, commuted the death sentence.
However, the Court made it clear the life imprisonment would be for the remainder of their 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.
Source: Barandbench
