New Delhi: Father’s act of forgiveness leads the court to release son’s killers
TOI
New Delhi, 27 Jun 2017: A father’s act of forgiveness has lead a court to release the killers of his son.The man said the killers were "like his son", prompting the court to desist from sentencing the four convicts after it had found them guilty of "culpable homicide not amounting to murder".
The court, while also noting the convicts’ backgrounds, released them on probation. The four were facing a maximum of 10 years in prison for assaulting the victim over a parking row.
"They have sought forgiveness from the father of the deceased, who states that the convicts are like his son and he is ready to forgive them... There is every possibility of reform and reintegration of the con victs in society," the court said.
Rahul, Sanjiv, Deepak and Raja, all drivers or cleaners of Gramin Seva vehicles, were accused of assaulting Sunny over a parking issue. Sunny , too, drove a Gramin Seva vehicle and, on April 28, 2012, the four confronted him for parking his vehicle incorrectly .
An altercation ensued, and the accused punched and kicked the victim. Sunny’s brother, who witnessed the incident, claimed that when he tried stopping the four, Sanjiv hit the victim with a stone, which struck him in the stomach. Sunny was initially taken to AIIMS but had to be shifted to a private hospital because no bed was available there. He died of his injuries three days later.
The defence refuted to the claims made by the brother, arguing that he was an interested witness, who was "planted" to cover up the prosecution’s case.
It was also argued in the accused’s defence that none of the bystanders who may have witnessed the incident were called upon to depose. Finding the brother’s testimony credible, additional sessions judge Raj Kumar Tripathi observed, "He has identified the accused as the persons who assaulted his brother. He also deposed regarding the role played by each of the accused in the commission of offence in the case."
The court added that the absence of any other public witness did not jeopardise the prosecution’s case. The court said the accused may not have intended to kill, but their act suggested that they beat up the victim knowing that the assault could lead to his death. While directing the accused to pay Rs 6 lakh (Rs 1.5 lakh each) to the victim’s father and Rs 25,000 (each) as probation bond, the court asked them to act as good citizens.
"The convicts are directed to maintain peace and be of good behaviour in the society during the probation period and not indulge in any criminal offence," it said. The police were directed to observe the convicts’ behaviour and bring to the court’s notice any violation of the terms set for their release.