1984 anti-Sikh riots: Why did court give life term, not death penalty, to convict Sajjan Kumar?
This case pertains to the killing of Jaswant Singh and his son Tarundeep Singh on November 1, 1984.
Former Congress leader Sajjan Kumar was sentenced to life imprisonment on Tuesday by a special court in Delhi in connection with the 1984 anti-Sikh riots. The sentence was awarded by Delhi's Rouse Avenue court, which rejected a plea for the death penalty to Sajjan Kumar.
This case pertains to the killing of Jaswant Singh and his son Tarundeep Singh on November 1, 1984.
Jaswant's wife, the complainant in the case, and the state had sought death penalty for Sajjan Kumar. The offence of murder entails a minimum of life term in jail and death sentence as the maximum punishment.
Why did court not give death penalty to Sajjan Kumar?
Special Judge Kaveri Baweja rejected the plea for a death penalty for Sajjan Kumar, saying that the case is not the "rarest of rare" and is not fit for capital punishment.
The court considered a report from jail authorities citing Kumar's good conduct and noted that he is suffering from multiple ailments.
"At the same time, there are certain mitigating factors which, in my opinion, weigh in favour of imposing a lesser sentence instead of the death penalty. The 'satisfactory' conduct of the Convict as per the report of the Jail authorities, the ailments from which he is reportedly suffering, the fact that the Convict has roots in society, and the possibility of his reformation and rehabilitation are material considerations which, in my opinion, tilt the scales in favour of sentence for life imprisonment instead of the death penalty," news agency ANI quoted Special Judge Baweja saying in order of sentence.
Speaking to the media, senior advocate HS Phoolka expressed doubts about Sajjan Kumar's medical reports.
"I suspect that Sajjan Kumar has managed his medical reports. We will move the High Court and pray to constitute a medical board to assess his medical condition," Phoolka said.
On the other hand, defense counsel Anil Kumar Sharma said that Sajjan Kumar is innocent and that they plan to appeal the verdict in the high court.
What are the sentences handed out to Sajjan Kumar?
Sajjan Kumar has been sentenced to life imprisonment and a fine of ₹1 lakh under Section 302, read with Section 149 of the IPC, while also being sentenced to seven years imprisonment and a fine of ₹10000. This punishment is for an attempt to commit culpable homicide not amounting to murder (Section 308 read with Section 149 (Unlawful Assembly) IPC).
The court also sentenced the former Congress leader to a year in jail and a fine of ₹1000 for causing hurt (Section 323 read with Section 149 IPC).
Further, a 10-year imprisonment sentence with a fine of ₹10000 has been handed for an offence of dacoity (Section 395 read with Section 149 IPC) and seven years imprisonment under Section 397.
He has been further sentenced to two years' imprisonment and a fine of ₹5,000 for mischief by fire under Section 427 read with Section 149 IPC.
A second life imprisonment sentence has been added with a fine of ₹1 lakh for destruction of property by fire under Section 436 read with Section 149 IPC.
The court also sentenced Sajjan Kumar to 2 years and fined Rs. 5000 for the offence of Rioting (Section 147 IPC), 3 years imprisonment and Rs. 5000 for the offence of rioting with a deadly weapon (Section 148 IPC).
He has been further sentenced to 5 years imprisonment and a fine of ₹5000 under Section 440 read with Section 149 IPC. All sentences shall run concurrently.
