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  • Even Poem Can Help Save A Death Convict From Gallows

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Even Poem Can Help Save A Death Convict From Gallows

Courtesy/By: Sanjeev Sirohi  |  19 Mar 2019     Views:2447

In a remarkable, bold and laudable judgment delivered by the Supreme Court in Dnyaneshwar Suresh Borkar v State of Maharashtra in Criminal Appeal No. 1411 of 2018 delivered just recently on February 20, 2019, it has vindicated what many say sometimes just casually that, “Even poem can help save a death convict from gallows”. The Apex Court has in this latest, landmark and laudable judgment commuted the death penalty of a kidnap cum murder convict who was just 22 years of age at the time of occurrence. This was mainly because the Bench concluded that the appellant could be reformed and rehabilitated as the poems written by him were most appealing and his conduct in jail was also good and there were many other reasons which could be considered rightly as mitigating circumstances that should save him from gallows.

                                  First and foremost, it must be pointed out that this commendable, courageous and classic judgment authored by Justice MR Shah for himself, Justice AK Sikri and Justice S Abdul Nazeer sets the ball rolling in para 1 wherein it is observed that, “Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.05.2006 passed by the High Court of Bombay in Confirmation Case No. 1 of 2005 with Criminal Appeal No. 618 of 2005 whereby the High Court has allowed the Confirmation Case filed by the State and dismissed the appellant’s Criminal Appeal and confirmed the conviction for the offences punishable under Section 302 of the Indian Penal Code (IPC) and confirmed the death sentence awarded by the learned Sessions Court, the accused viz Dnyaneshwar Suresh Borkar has preferred the present appeal.”

                                          For the uninitiated, it is then pointed out in para 2 that, “That the appellant herein-original accused was tried by the learned Sessions Court for the offences under Sections 302, 364 and Section 201 read with Section 34 of the IPC for having killed a minor child viz ‘Rishikesh’. That the learned Additional Sessions Judge, Pune held the appellant herein guilty for the offences punishable under Sections 302, 364 and Section 201 read with Section 34 of the IPC and awarded the capital punishment. The conviction and sentence imposed by the learned Additional Sessions Judge have been confirmed by the High Court by the impugned judgment and order. Hence the present appeal.”

                                 Simply put, it is then stated in para 3 that, “At the outset, it is required to be noted that Shri Anand Grover, learned Senior Counsel appearing on behalf of the appellant has fairly stated and conceded that so far as the conviction is concerned, the appellant is not challenging the same. However, he has prayed for to commute the capital punishment imposed by the learned Sessions Court, confirmed by the High Court. Therefore, as such the present appeal is now restricted to the sentence imposed by the learned Additional Sessions Judge of capital punishment confirmed by the High Court.”

                      More importantly, Grover then  pleaded for death penalty to be reduced to life imprisonment as is enumerated in para 4 wherein the Bench states that, “Shri Grover has pointed out the mitigating circumstances which warrant commutation of death sentence to life imprisonment. It is vehemently submitted that accused, at the time of crime, was aged of 22-23 years. That he neither have any criminal record nor was he a hardened criminal. That he was a student studying in a college without any history or misdemeanour noted in the college or in the village of his residence. That he has a widowed mother and is the eldest child. By now he has undergone 18 years of sentence without remission and with remission it would be 23 ½ years. It is submitted that conduct of the accused in the jail is very good. It is submitted that the appellant’s behaviour and conduct in jail has shown that though the appellant may have committed a crime when he was a young adult, he has used his incarceration to reflect on his actions and learnt from his mistakes. As an 18 years old boy, he was a young impressionable citizen trying to make something out of himself and in the process lost his way and made a fatal mistake. However, if there is anything the appellant’s years in prison have shown, it is that he is by no means a hardened criminal and most definitely not beyond the pale of reformation. He further submitted that during the span of 18 years in the jail, not only he has learned a lesson but he has realized the mistake committed by him and he has tried to become a civilized person and that he has completed his graduation in Bachelor of Arts (B.A.) and has also undergone training of Gandhian thoughts undertaken by Gandhi Research Foundation Jalgaon.”

                                        Be it noted, it is then noted in this same para 4 that, “It is further submitted that the poems written by the accused in the jail reflect his current mind of state and by which it can be said that he has realized the mistake committed by him at the time when he was just 22 years of age and that he is reformative. In view of the above submission and relying upon the decision of this Court in Sunil v. State of Madhya Pradesh (2017) 4 SCC 393, it is prayed to commute the death sentence to life imprisonment.”

                                 On the contrary, while opposing what Grover stated above, it is then pointed out in para 5 that, “Ms. Deepa Kulkarni learned Counsel appearing for the State has submitted that in view of the fact that the accused killed a minor child for ransom, which has ultimately affected the family members of the deceased and the manner in which the offence was committed was pre-planned, it is prayed not to show any leniency.”

                                  To be sure, after hearing both the parties, the Bench then notes in para 6 that, “We have heard the learned counsel appearing on behalf of the respective parties and the prayer made by the learned counsel appearing on behalf of the appellant to commute the death sentence to life imprisonment.”

                                  More crucially, while listing the mitigating circumstances, it is then observed in para 6 that, “Having heard learned counsel appearing on behalf of the parties on the sentence, we are of the opinion that, in the facts and circumstances of the case, capital punishment is not warranted. Striking the balance between the aggravating and mitigating circumstances, we are of the opinion that mitigating circumstances are in favour of the accused while commuting the death sentence to life imprisonment. The mitigating circumstances in favour of the accused are that:

a.  the accused at the time of commission of the offence was aged of 22 years;

b.  that, by now, he has spent 18 years in the jail;

c.   that, while in jail, his conduct is good;

d.  that, the accused has tried to join the society and has tried to become a civilized man and has completed his graduation in B.A. from jail. He has tried to become reformative;

e.  that, from the poems, written by him in the jail, it appears that he has realised his mistake which was committed by him at the time when he was of young age and that he is reformative;

f.     therefore the appellant can be reformed and rehabilitated.”

                               From the foregoing mitigating circumstances as illustrated above, it is then very rightly concluded as mentioned in para 7 that, “The above details show there is a possibility that accused would not commit similar criminal acts. That the accused would not be a continuing threat to the society. Considering the aforesaid facts and applying the law laid down by this Court in the case of Sunil (supra), we are of the opinion that in the facts and circumstances of the case, the decision of capital punishment is not warranted. We have considered each of the circumstance and the crime as well as the facts leading to the commission of the crime by the accused. Though, we acknowledge the gravity of the offence, we are unable to satisfy ourselves that this case would fall in the category of ‘rarest of rare case’ warranting the death sentence. The offence committed, undoubtedly, can be said to be brutal, but does not warrant death sentence. It is required to be noted that the accused was not a previous convict or a professional killer. At the time of commission of offence, he was 22 years of age. His jail conduct is also reported to be good.”

                                     No prizes for guessing what the Court had to conclude after considering all the facts and mitigating circumstances of the present case. It is a no-brainer that the Bench then aptly noted in para 8 that, “Considering the aforesaid mitigating circumstances and considering the decision of this Court in Bachan Singh v. State of Punjab (1980) 2 SCC 684 as well as another decision of this Court in Shyam Singh alias Bhima v. State of Madhya Pradesh (2017) 11 SCC 265 and the decision of this Court in Sunil (Supra), we think that it will be in the interest of justice to commute the death sentence to life imprisonment.”

                                Finally and perhaps far more importantly, para 9 which is the last para then winds up this entire noteworthy and commendable judgment by stating that, “In view of the reasons stated above, present appeal is allowed in part. The conviction of the accused for the offences under Sections 302, 364 and Section 201 read with Section 34 of the IPC is confirmed. However, in the facts and circumstances of the case and in view of the reasons stated above, we commute the death sentence to life imprisonment. It will be open to the accused to apply for remission to the State Government which may be considered in accordance with law and on its own merits. Present appeal is disposed of accordingly in terms of the above.”

                                   On a concluding note, it must be said that it is a very progressive and path breaking judgment which has very rightly commuted the death sentence to life imprisonment after taking into account various mitigating circumstances as illustrated above with most prominent being the poems he wrote wherein he expressed his remorse for the crime which he committed! All the courts from lowest to highest must always take into account what the 3 Judge Bench of Apex Court has laid down in this landmark, latest and laudable case so explicitly and only then deliver its judgment! All lawyers, judges, students and others must study this judgment which is not very lengthy yet very elegantly and excellently written! This is what at least I felt after reading it!


Courtesy/By: Sanjeev Sirohi  |  19 Mar 2019     Views:2447

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Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:1953
Madras HC corrects the computation error of Motor ...
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Fundamental Right To Privacy Not Absolute And Must...
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THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
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Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:1511
Special Olympics International Football Championsh...
03 Aug 2019     Views:1431
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:2087
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:1840
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:2102
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1629
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:1483
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1520
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5787
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2356
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:1546
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1579
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1801
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:1502
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:1532
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:1449
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1821
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1972
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1466
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:1590
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1356
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:2050
Centre Must Now Immediately Order Creation Of HC B...
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2788
Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
26 Jun 2019     Views:2908
Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1397
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1694
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:5053
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:2770
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1919
Solitary Confinement Of Death Convict Prior To Rej...
20 May 2019     Views:2259
Section 498A & 306 IPC: Incidents Which Happened M...
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Why Should UP Have Least High Court Benches In Ind...
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“Drop This Episode From Your Minds And Gossips...
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Is The Criticism Of In-House Procedure Justified?...
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Delhi High Court Directs Government To Set Up 18 F...
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No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:1413
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:3555
Nations Must Make Gun Laws More Stricter...
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SC Designates 37 Lawyers As Senior Advocates...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Magistrate Shall Specify Whether Sentences Awarded...
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Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:2883
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Court Has to Confine Itself To The Four Corners Of...
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1678
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:3270
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:2581
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3246
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2490
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2738
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2814
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2085
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2197
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23 Jan 2019     Views:2247
Mere Allegations Of Harassment Without Proximate P...
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Legal Article Why Should They Speak Lies: Decease...
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NCW is a Lame Duck or Legal Guardian for women...
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Mutual Consent Divorce Procedure in Chennai Family...
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Quick Divorce in India...
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4 Important things to file Divorce in Chennai...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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Executive Magistrate Cannot Direct Police To Regis...
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12 Dec 2018     Views:2025
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26 Nov 2018     Views:2455
SLP Against Death Sentence Shall Not Be Dismissed ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
26 Nov 2018     Views:1598
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Aadhaar Held Mandatory For Government Subsidies An...
26 Nov 2018     Views:1995
Legal Article Now Bar Council ID Card Is Valid Id...
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3837
There Cannot Be Any Mechanical Denial Of Appointme...
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Rights Of Accused Far Outweigh That Of Victims, Ne...
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23 Oct 2018     Views:2845
Extra-Judicial Confession Of Accused Need Not In A...
23 Oct 2018     Views:2011
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Court Must Not Go Deep Into The Matter While Consi...
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18 Sep 2018     Views:4202
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14 Sep 2018     Views:1876
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:2319
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:3161
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1894
Uttarakhand HC Issues Directions For Conserving ...
28 Aug 2018     Views:2366
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28 Aug 2018     Views:2159
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1821
Special Squad, Police Patrolling Every 24 Hours To...
20 Aug 2018     Views:1979
NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1982
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:2131
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2177
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2145
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2457
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2428
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1919
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:2017
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1890
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3267
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3256
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3105
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2381
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1717
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1658
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:2221
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2201
Why Centre is Providing Security For Separatists B...
23 Jul 2018     Views:1957
Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
05 Jul 2018     Views:2691
Have A Functional National Law University Within 3...
05 Jul 2018     Views:2282
Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:1672
Cancel Licences of Drivers Using Cell Phones; Helm...
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Supreme Court To Look Into Validity Of Amended Law...
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29 Jun 2018     Views:2733
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:2146
Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3164
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:2252
Why BJP Will Be Wiped Out In West UP And UP?...
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Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1856
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:1607
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:1767
Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
01 Jun 2018     Views:1789
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:1679
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1816
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1594
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1680
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2160
Why Has Stone Pelting Been Legalised In Kashmir?...
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Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1624
Soldiers Have Every Legal Right To Kill Stone Pelt...
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Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1601
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1604
New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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2G Scam : The 2G Scam and much more...
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Kerala teen surveillance case: Invasion of Privacy...
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