HC commutes death sentence of sister-duo convicted of murdering five children in the 1990s

The sisters were convicted for kidnapping 13 children between 1990 and 1996 in and around Kolhapur district to use them as a cover to snatch chains and purses. They were also convicted for murdering nine of them

MUMBAI: The Bombay high court (HC) on Tuesday commuted the death sentence of sisters Renuka Shinde and Seema Gavit to life imprisonment after the state delayed in having their mercy petition reviewed for seven years and 10 months.

The sisters were sentenced to death by a Kolhapur trial court in 2001, and the ruling was upheld by the Bombay high court (in picture) in 2004. (Archives)

The sisters were convicted for kidnapping 13 children between 1990 and 1996 in and around Kolhapur district to use them as a cover to snatch chains and purses. They were also tried for murdering nine children, but were eventually convicted for murdering five. Their mother, Anjanbai, who was also taken into custody, died in 1997 before the trial began.

The sisters were sentenced to death by a Kolhapur trial court in 2001, and the ruling was upheld by the HC in 2004. Subsequently, their appeal was rejected by the Supreme Court in 2006 and their mercy petition was rejected by the president in 2014.

Advocate Aniket Vagal, who represented the duo in the HC, informed the division bench of justices Nitin Jamdar and Sarang Kotwal — which heard the sisters’ 2014 petition — that the two sisters had approached the HC against the inordinate delay on the part of the state to get the mercy petition decided by the president after the apex court had rejected their appeal.

As per procedure, once the SC confirms a death sentence, the convict may file a mercy petition before the president, seeking pardon. It is the state government’s responsibility to get a mercy petition heard and decided by the president.

The HC in its order on Tuesday observed, “Having considered the facts and circumstances in which the delay of seven years, 10 months and 15 days in the disposal of the mercy petitions has occurred, we find that it is entirely attributable to the officers of the respondent — governments, more particularly that of the state government.”

After their mercy petition was rejected, the sisters moved the Bombay HC on the day set for their execution, seeking commutation of their death sentence to life imprisonment on the grounds that the delay by the state government was dehumanising.

Vagal also argued before the bench — the same one before which their 2014 petition came up — that the delay was flagrant violation of Articles 14 and 21 of the Constitution and hence the death sentence should be commuted to life imprisonment.

Their mother had died awaiting hearing of the current petition and the sisters, who had already spent 25 years behind bars, should be released.

The bench concluded hearing of this petition on December 22 and reserved its order, which was pronounced on Tuesday.

While pronouncing the order, justice Jamdar rapped the state administration for the delay in getting the mercy petition heard and decided after the apex court had rejected the appeal against the death sentence. “The state machinery showed laxity and indifference and has failed in its duty as a representative of the criminal justice system and also failed the innocent victims of serious crimes.”

The bench said that while it acceded to the prayer for commutation of sentence, it could not accept the request of releasing them forthwith as the crimes committed by petitioners were heinous and beyond words to condemn.

“The Supreme Court dismissed their appeal. They were a menace to society. We have no doubt that the competent authority will consider the gravity of offence and the observations are considered,” said the bench and set aside the death sentence and commuted it to life imprisonment till the end of the natural life of the convicts.

“It’s end of the mental agony of the petitioners who have been living under the fear of death since 2006. The petitioners can at least now lead their life, though in prison, without the thought that they can be executed anytime. Petitioners will definitely lead peaceful lives and will rehabilitate themselves,” Vagal said.

The life sentence is till the end of their natural lives.