Taking into account several mitigating factors like the convict is an HIV-positive man and committed the crime on the spur of the moment two years ago under the influence of alcohol, additional sessions judge (ASJ) Dr Kamini Lau has sentenced a murder accused to rigorous life imprisonment for his brutal act.
Besides awarding life imprisonment to the convict, who used to work with the MCD on contract, Dr Lau also slapped him a fine of `50,000 on him, which would be paid to the victim’s family as compensation.
The court refused to allow a plea of public prosecutor, Taufiq Ahmed, seeking capital punishment for the convict on the grounds that he took law into his hands on minor disputes.
“No doubt, all murders are most degrading and depraving but the case in hand certainly does not fall within the category of rarest of rare or least even in category of rare case,” the court said.
It also noted that the murder of Rajbir had been committed because he tried to intervene in the quarrel going on between his friend Ravi Kumar and the convict. The fact that the convict was facing charges in two pending criminal cases also went against him.
The convict, who was inebriated, had hit Rajbir on his neck and face with a broken beer bottle in 2008 at Ashok Vihar, resulting in his death.