Thakur, convicted under Sections 302 and 498A of the IPC, was initially sentenced to death by a sessions court in 2001 based on testimony from the deceased. On appeal, the High Court commuted the death penalty to life imprisonment, ruling that the case did not meet the “rarest of the rare” criteria.
Bombay: The Bombay High Court recently directed jail authorities to assess the remission eligibility of a police officer, Pradipsingh Murlidharsingh Thakur, convicted of strangling his pregnant wife, stating that the act did not demonstrate exceptional brutality strangling his pregnant wife, stating that the act did not demonstrate exceptional brutality.
The division bench at Nagpur, comprising Justices Nitin Sambre and Vrushali Joshi, emphasized in their order:
“It cannot be inferred that the petitioner caused his wife’s murder with exceptional violence or brutality. We must remain sensitive to the nature of the injuries suffered by the deceased.”
Thakur, convicted under Sections 302 and 498A of the IPC, was initially sentenced to death by a sessions court in 2001 based on testimony from the deceased. On appeal, the High Court commuted the death penalty to life imprisonment, ruling that the case did not meet the “rarest of the rare” criteria.
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Thakur subsequently sought classification under a state resolution linked to Section 432 of the CrPC, which could grant him remission benefits. However, the State Government rejected his request, citing his role as a police officer and the heinous nature of the crime. This decision prompted Thakur to challenge the rejection in court.
Advocate Y.P. Bhelande argued that Section 432 does not allow the state to discriminate among convicts based on occupation and that the case should fall under category 2(b) (premeditated crimes) for remission consideration.
Additional Public Prosecutor N.R. Tripathi countered, stressing that Thakur’s duty as a police officer and the act of killing his pregnant wife justified the state’s decision.
The High Court, however, quashed the rejection order, stating:
“The petitioner’s role as a police officer and the murder of his pregnant wife do not automatically disqualify him from remission benefits under Section 432. No special exceptions exist for police personnel committing such crimes.”
The bench classified the crime as premeditated, determining that Thakur should serve 22 years, including remission. It directed jail authorities to review his imprisonment period accordingly.
Case Title: Pradipsingh Murlidharsingh Thakur vs State of Maharashtra & Ors.
