The Jharkhand High Court delivered a split verdict in the confirmation of the death sentence awarded to accused persons for their involvement in the 2013 Maoist ambush that led to the killing of Pakur Superintendent of Police and several police personnel. The attack, which took place on July 2, 2013, was carried out by an armed group of CPI (Maoist) operatives in the jungle stretch between Jamni and Amtalla.
The Division Bench comprising Justice Rongon Mukhopadhyay and Justice Sanjay Prasad was divided on the quantum of punishment. Justice Mukhopadhyay upheld the trial court’s decision awarding the death penalty, observing that the brutal, premeditated killing of a high-ranking police officer and his security team in broad daylight fell within the category of “rarest of rare” cases. He emphasized the impact on public order and the rule of law, noting that the attack was designed to paralyze the State machinery.
In contrast, Justice Sanjay Prasad dissented on the issue of capital punishment, holding that life imprisonment would suffice given the overall circumstances. While affirming the conviction of the accused based on the strong evidentiary record including eyewitness testimonies, ballistic and forensic reports, and recovery of arms and the bulletproof jacket of the slain SP, he opined that mitigating factors warranted a lesser sentence.
Due to the divergence in views, the matter regarding the sentence will now be placed before a third judge for a conclusive decision on whether the death penalty should be confirmed or commuted to life imprisonment. The conviction of both appellants under multiple sections of the IPC, Arms Act, and Criminal Law Amendment Act, however, stands affirmed by both judges.
Appearances:Â
Appellants : Mr. S.K. Murtty, Adv.; Mr. Jitendra S. Singh, Adv.
Respondent: Mrs. Priya Shrestha, Spl. P.P.; Mr. Vineet Kr. Vashistha, Spl. P.P.
