Allahabad High Court commutes death penalty to life imprisonment in father, son double murder case

The Allahabad High Court on Friday (Oct 11) commuted the death sentence of a father-son duo, who was convicted in a 2005 double murder case, to life imprisonment. 

The High Court reduced their death sentence to life imprisonment, ruling that the case did not qualify as a ‘rarest of rare’. 

A Bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava upheld their murder conviction but ruled that the case did not qualify as a ‘rarest of rare’ to warrant the death sentence. 

The court further stated that the case was based on circumstantial evidence and that the convicts had no prior criminal history, as reported by Bar and Bench. 

“The case does not fall within the ‘rarest of rare’ category. First, it is based on circumstantial evidence, and second, the appellants have no prior criminal record.”

In 2005, the deceased Krishna Kumar Gupta entered into an agreement with a builder to construct shops and an office in Hazratganj.

Vijay Sharma, who owned a nearby security agency, used to threaten Gupta, claiming that the land belonged to Kuber Finance, which owed him money. Sharma demanded three shops in return for settling the debt. 

Later in April 2005, Vijay Sharma’s son Dheeraj gave him a gun, following which, he fired shots and killed Gupta on the spot. 

Later, Gupta’s son Kapil died from his injuries. The trial court sentenced the father-son duo to death after they were convicted on charges of murder.

Allahabad HC said, “The mere fact that a death sentence can be awarded does not mean that it has to be awarded. Particularly, when the alternative sentence of life imprisonment is an adequate punishment.”

(With inputs from agencies)