Guj HC commutes death sentence of man who killed 5 of family

Gujarat High Court has commuted the death sentence of a murder  convict, who killed five members of a family  in Dubai and fled to India, observing that he  has already spent 22 years behind the bars.

"The convict has been in jail for 22 long years. Considering the situation, the court  believes that death penalty is not appropriate  for him. The death penalty has been commuted  to life long imprisonment," a Division Bench  of High Court said while changing the  sentence.

"As per the rulings of Supreme Court in recent  cases, capital punishment can be commuted to  the life term if the convict has been in jail  for so many years," the Bench said.

Though the Bench has ruled out any remission  in the sentence, it said, "Considering the  circumstancial evidence, a case of murder is  there and there shall not be a remission from  life term."

"Earlier in 2011, special CBI court convicted  Raoji Pawar in the murder case and awarded  death penalty to him," said prosecution  counsel Yogesh Rawani.

"In 1992, Pawar had killed five persons of one  Indian family in Dubai while he was working  there as a house servant. Once he was caught  molesting Ramesh Sagar's daughter Jyoti by the  family head himself. He was scolded and beaten  up by Sagar," the court order read.

"To take revenge, he killed his master Ramesh  Sagar, Sagar's mother, wife, daughter and one  relative. He first killed Sagar which was  witnessed by his wife. He then killed the wife  and then entire family to assure that there  was no witness left to name him in the murder  and molestation case," the order read while  narrating the motive of the killing.

"He, then fled to Chikhali town of Surat. As  the murder case was registered in Dubai,  Interpol sent an alert to Gujarat Police which  trapped him from his home at Chikhali n and  charged him for murder," it said.

"Under Section 188(2) of CrPc (if an Indian  citizen is involved in murder overseas, it  deems to be done in India) he was indicted and  case was transfered to CBI for trial," the  order read further.

"After 17 years, the CBI court while  convicting him for murder awarded death  penalty and sent the case for confirmation to  the High Court where on Thursday, the High  Court commuted the death penalty," said CBI  counsel.