A Muzaffarnagar court has sentenced a man to death for the pre-planned murder of his 23-year-old wife, whom he killed by pouring kerosene over her and setting her ablaze. The court held that the brutality of the crime placed it in the “rarest of rare” category warranting capital punishment.
Additional District & Sessions Judge Ravi Kumar Diwakar, while imposing the sentence, noted that the victim suffered 98 per cent burns before succumbing to the injuries. The court observed that the murder was particularly grave as the victim was killed by her own husband, from whom she was entitled to expect protection, care and trust.
The judge held that the deliberate decision to burn the woman alive subjected her to extreme physical and mental agony and constituted significant aggravating circumstances while determining the appropriate sentence.
The judgment also contained strong observations on threats and alleged interference by mafias, gangsters and influential persons in the functioning of the judiciary.
Judge Diwakar recorded that a message had allegedly been conveyed through a western Uttar Pradesh mafia or gangster warning that if he pursued certain matters or made particular observations, his court could be changed or he could be transferred out of the district because of the alleged influence and connections of such persons.
The judge said he possessed complete information about the incident but could not disclose further details at that stage, keeping in view the dignity of his office.
In a strong statement on judicial independence, the judge affirmed that he would step down before giving in to intimidation by criminal elements or mafias. Declaring that he would rather die than be remembered as a coward, he maintained that he would continue serving only so long as he could operate without compromising his principles.
The court also referred to the earlier atmosphere of gangster and mafia terror in Muzaffarnagar, including the killing of gangster Vicky Tyagi inside the district court premises during a hearing.
Expressing concern over attempts to influence the judicial process, the court directed that a copy of its judgment be sent to the Uttar Pradesh Chief Secretary. It further directed that where serious sessions cases are transferred without sufficient reason in a manner that could benefit accused persons, the District Government Counsel (Criminal) should be given an opportunity to place their views before such transfers are made.
The accused was convicted under Section 302 of the IPC and sentenced to death, besides being fined Rs 1 lakh.
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