Patna HC cites Mahabharata to uphold death sentence in triple murder case
Patna High Court upheld the death sentence for two men in a 2021 land dispute murder case, citing Mahabharat on divine punishment for injustice.
Patna High Court has upheld the order passed by Additional Sessions Judge-19, Rohtas at Sasaram, awarding death sentence to two accused in a 2021 case of land dispute in which three persons - father and two sons - were killed by patidars.
The court also cited the Mahabharat in its order, dated January 22 and uploaded on Wednesday, to underline the inherent message that “aggressors meet a tragic end as divine punishment for their adharm (injustice)”.
Appellants Aman Singh and Sonal Singh in Criminal Appeal of 2024 had prayed for setting aside the judgment of the learned trial court, convicted for the offences punishable under Sections 302/34 IPC and were sentenced to death.
The HC also affirmed the trial court order to the District Legal Services Authority, Rohtas, Sasaram for award of maximum compensation under the scheme to each of the three widows, who lost their husbands, leaving no male major person in the family to perform the rites and rituals.
“The court is of the strong view that the murder of the deceased persons, under given fact and circumstances, come under sphere of the rarest of rare category,” observed the division bench of Justice Rajeev Ranjan Prasad and Justice Sourendra Pandey, while dismissing the criminal appeal as well as prayer for commutation of punishment to life sentence.
“The trial court noticed that in this case altogether three unarmed persons were ruthlessly butchered by the appellants who were armed with sword, for a small piece of land. The incessant tears of their widows and the children cannot be dried out. However, by way of capital punishment, their sufferings are supposed to be mitigated. They may console themselves if convicts are awarded capital punishment. They are supposed to lead a secured and peaceful lives,” the bench said in its order.
{{/usCountry}}“The trial court noticed that in this case altogether three unarmed persons were ruthlessly butchered by the appellants who were armed with sword, for a small piece of land. The incessant tears of their widows and the children cannot be dried out. However, by way of capital punishment, their sufferings are supposed to be mitigated. They may console themselves if convicts are awarded capital punishment. They are supposed to lead a secured and peaceful lives,” the bench said in its order.
{{/usCountry}}Concurring with the view of Justice Prasad, Justice Pandey observed that he was reminded of the great epic ‘Mahabharat’ - a tale of devastating feud over land and power between cousins.
{{/usCountry}}Concurring with the view of Justice Prasad, Justice Pandey observed that he was reminded of the great epic ‘Mahabharat’ - a tale of devastating feud over land and power between cousins.
{{/usCountry}}“Kauravas were aggressors, who attempted to kill relatives for property or to seize the reign of the empire. Mahabharat culminates with a message that aggressors meet a tragic end as divine punishment for their ‘adharm’, i.e. to try to kill their brothers (cousins) to seize power,” Justice Pandey added.
{{/usCountry}}“Kauravas were aggressors, who attempted to kill relatives for property or to seize the reign of the empire. Mahabharat culminates with a message that aggressors meet a tragic end as divine punishment for their ‘adharm’, i.e. to try to kill their brothers (cousins) to seize power,” Justice Pandey added.
{{/usCountry}}Reiterating that “it is one of the rarest of the rare cases”, he said the option to impose sentence of imprisonment of life or a special sentencing couldn’t be consciously exercised.
In the incident, Vijay Singh and his two sons - Deepak Singh and Rakesh Singh - were chased and killed with swords, said the statement of Vijay’s wife recorded by police as the eyewitness which formed the basis for registering case with Darihat police station.
One accused Ajay Singh, father of the appellants, has been named a proclaimed offender.
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