The Muzaffarnagar Court has sentenced a man to death for the pre-planned and brutal murder of his 23-year-old wife, whom he killed by pouring kerosene over her and setting her ablaze. The Court held that the manner of the murder was exceptionally brutal, noting that the victim had suffered 98% burns, and concluded that the case fell within the ‘rarest of rare’ category warranting the death penalty.
The Court observed that the victim was murdered by her own husband, from whom she was entitled to expect protection and trust. It held that the deliberate manner in which she was burnt alive, causing extreme physical and mental suffering, constituted significant aggravating circumstances while determining the appropriate sentence.
While discussing the sentencing principles and the need for courts to remain fearless and independent, Additional District & Sessions Judge Ravi Kumar Diwakar made strong observations about alleged intimidation by mafias, gangsters and other influential elements. The judge recorded that he had received a message through a western Uttar Pradesh mafia/gangster that if he pursued certain matters or made comments, his court could be changed or he could be transferred out of the district because of the alleged influence and contacts of such persons. The judge further stated that he had complete information about the incident but could not speak about it at that stage owing to the dignity of his office.
In a striking observation, the judge said that if he became fearful of mafias, strongmen or criminals, it would be better for him to resign from the judiciary. “I would prefer to die, but would not like to be called a coward judge,” he said, adding that he would continue in service as long as he could follow his principles.
There were also concerns recorded over the influence of organised criminal elements on the justice system and delays in criminal trials. The Court referred to the earlier atmosphere of gangster and mafia terror in Muzaffarnagar, including the killing of gangster Vicky Tyagi inside the district court during a hearing.
To prevent serious criminal cases from being transferred in a manner that could benefit accused persons, the Court directed that a copy of the judgment be sent to the Uttar Pradesh Chief Secretary. It observed that where serious sessions cases are transferred from one court to another without reason and with an intention to benefit criminals, mafias, strongmen or accused persons, the District Government Counsel (Criminal) should be given an opportunity to present their side, so that accused persons cannot choose a court of their preference.
The accused was sentenced to death under Section 302 IPC and fined ₹1 lakh.
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