19-year-old gets life term for murdering dhaba owner in 2016
Punishment must be deterrent so as to protect the society from such offenders, observes the court of additional district and sessions judge
A 19-year-old youth from Assam was awarded a life sentence by the Chandigarh district court in a 2016 murder case, the first major judgment announced during the lockdown following the Covid-19 outbreak.
The arguments were heard and the order announced via video conferencing.
Despite the plea of the accused for leniency as he had no criminal record, JP Singh, additional public prosecutor, submitted that he was undeserving of the same as he had committed murder.
After hearing both the parties, the court of additional district and sessions judge observed: “Looking to the serious nature of offence, the child in conflict with law does not deserve any leniency. Punishment must be deterrent so as to protect the society from such offenders. Sentencing has to commensurate to the gravity of offence. Hence prayer for leniency is declined.”
The court awarded him “rigorous imprisonment for life with possibility of remission, commutation etc and to pay a fine of ₹50,000.”
Out of this amount ₹45,000 shall be paid to the victims and ₹5,000 to the state.
The court directed that the youth “be provided with educational services, skill development, alternative therapy during his stay in the place of safety.”
The district child welfare committee has also been directed to evaluate the progress of the youth now living in a juvenile home, ensuring that he is not ill treated.
The case dates back to July 1, 2016, when an FIR was registered at police station Sector 36 under Section 302 of the Indian Penal Code (IPC) against the youth, then a minor.
Eshwar Taal, a 25-year-old tubewell operator from Sector 42 complained to the police that his father Mahipal and his brother, all from Assam, used to run a dhaba near the powerhouse in Sector 42 and sleep in the powerhouse building.
Some days later, the helper, also hired from Assam started working for them and one night when the father and the helper were drunk they had an argument. When Taal returned from work at around 6.15 am the next day he found his father dead with his throat slit and injury marks on his face.
The helper was missing with his belongings.