In the sentencing order in reference to the homicide of Jharkhand decide Uttam Anand, Additional Sessions Judge (ASJ) Rajni Kant Pathak has outlined how the incident had shaken the judiciary in addition to the residents, and created an environment of worry among the many relations of judicial officers.
ASJ Pathak had convicted Lakhan Verma and Rahul Verma below sections 302 (homicide) and 201 (inflicting disappearance of proof) and below 34 (widespread intention) of the Indian Penal Code (IPC) on July 28 and sentenced them to ‘rigorous imprisonment until demise’ ‘ on August 6. The judgement copy was made out there on Friday.
In the sentencing order, the courtroom mentioned: “Nobody could think that a judge of Jharkhand judiciary would be murdered in such a way. This incident shook not only the judicial fraternity of the country but also the citizens… After the incident, there was an atmosphere of fear among the family members of judicial officers and the people of the country. The general people were compelled to think if this can happen to a judge what would happen to an ordinary citizen…the convicts should be severely punished.”
When the protection pleaded for leniency, the courtroom mentioned: “…it is difficult to accept the prayer that a lenient view be taken in this case, especially when a judicial officer was murdered by the convicts in a planned manner…if they are released , it would send a wrong massage to society…Also, they may commit the same offense again, having no respect and regard for human life and law of the land.”
The verdict got here a yr after an autorickshaw plowed straight into Judge Anand on an empty street in Dhanbad, resulting in his demise.
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Defense counsel Kumar Bimlendu had argued that it was not a case of homicide as there was no motive. As per the courtroom information, protection submitted that it was the ‘system’ that ‘killed’ the decide, including: “…moreover, who killed the judge…firstly, it’s the system as he was alive for four hours, but was left unattended by medicos of SNMMCH, as is with common man. Secondly, the gate of Sadar Hospital was closed, no state-of-the-art trauma center is in the nearby town.”
However, the courtroom mentioned that the motive was “not necessary” for conviction and the hit was “intentional and deliberate”. Judge Pathak within the order wrote: “…I find motive is not necessary and it cannot stand in the way of conviction. Moreover, from perusal of evidence available on record, the prosecution has been able to prove that there was clear cut and deliberate intention of the auto driver as well as its co-assistant.”
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With inputs from TheIndianEXPRESS
