38.6c New Delhi, India, Tuesday, April 23, 2024

Bombay High Court Confirms Death Sentence For Five Convicts Guilty Of Brutal Murder [Read Judgment]

By LawStreet News Network      04 December, 2019 05:12 PM      0 Comments
Bombay High Court Confirms Death Sentence For Five Convicts Guilty Of Brutal Murder [Read Judgment]

The Bombay High Court in the case of State of Maharashtra v. Ramesh Vishwanath Darandale on December 2, 2019 confirmed death penalty for five persons convicted for the murder of three men in 2013. However, the court acquitted one of the accused persons owing to lack of evidence against him.

A Division Bench comprising of Justices B.P. Dharmadhikari and S.K. Shinde was hearing the criminal confirmation case against the murder of three sweepers working at the Trimurti Pratishthan College. The court gave a verdict which was 133-pages long.

Sachin Gharu, one of the deceased people, belonging to a scheduled tribe had fallen in love with Seema, daughter of accused no. 5 (Popat Darandale) who belonged to an upper caste. The father, paternal uncles, brother and other relatives of Seema hatched a criminal conspiracy to murder Sachin because of the duos alleged love affair. The accused persons invited the deceased at their isolated farmhouse located in Darandale Vasti under the pretext of getting their sceptic tanks cleaned. 

Following leads in their investigation, the police discovered the beheaded dead body of Sachin with his limbs detached, as well. The other dead bodies were found in similar brutal conditions. 

Keeping in mind, the above circumstances, the Court held that, “Bearing in mind the principles governing the sentencing policy, we have considered all aggravating and mitigating circumstances in the present case. Justice demands that, Court should impose punishment befitting the crime. In our considered view, looking at the factors like young age of the accused, absence of criminal antecedents and likelihood of reforms cannot be said to be mitigating circumstances. 

Likewise, post crime, conduct of the accused clearly indicates there was no remorse felt by them for the acts committed. We are therefore of the view that family background, absence of criminal antecedents,likelihood of reform of the accused cannot be taken as mitigating circumstances to take the case out of the category of rarest and rare cases. The aggravating circumstances are outweighing the mitigating circumstances and we do not find any justification to convert the death sentence imposed by the Courts below to life imprisonment for the rest of life. 

We are aware that the accused may not be hardened criminals but the cruel manner in which they have committed the crime and particularly the mutilated dead body of Sachin and their collective efforts to cause disappearance of the body of Sachin and Rahul has shocked the collective conscience of the Society. The present case clearly comes within the category of “rarest and rare case” and therefore we hold, the question of any other punishment is unquestionably foreclosed.”

[Read Judgment]

Share this article:

User Avatar

Leave a feedback about this

Trending Legal Insiders
Overreaching Jurisdiction: A critique of the Supreme Court's adventurism for LGBTQIA rights

In its over-enthusiasm to protect LGBTQIA+ rights, has the Supreme Court exceeded its constitutional mandate under Article 142? A Delhi University research scholar evaluates the theme.

22 April, 2024 10:48 AM
Trending Legal Insiders
New criminal laws watershed moment for society: CJI [Read Inaugural Remarks]

CJI Chandrachud hails new criminal laws as a watershed moment, marking a significant overhaul for the justice system, emphasizing adaptation and technology's role.

22 April, 2024 11:26 AM


Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email