The Madras High Court today commuted the death sentence awarded to two persons in a triple murder for gain case to life imprisonment.
A bench comprising Justice PN Prakash and Justice C V Karthikeyan, however, made it clear that the convicts -- Kamaraj and Elangovan -- shall not be released unless they complete 30 years of actual imprisonment without any statutory remission or commutation.
The bench passed the orders on the appeal filed by the two accused and also referred a trial by the lower court for confirmation of the death sentence.
Kamaraj and Elangovan were sentenced to death by the additional district and sessions court in Namakkal for murdering a woman doctor, her mother and her daughter at their house in Mullai Nagar on October 13, 2011, and looting gold jewellery.
The court had also awarded double life imprisonment and 10 years of rigorous imprisonment (RI) each to the two accused for offences, including robbery.
Another person was also allegedly involved in the crime but he died before the commencement of trial and therefore charges against him were abated.
In its order, the bench said that on the basis of the guidelines given by the Supreme Court in various judgements, it was clear that the high court should also consider the mitigating circumstances surrounding the accused.
Taking note that Kamaraj had two children and Elangovan a child, the bench said it should also keep in mind that these children do not have any anger or any reason to wreak vengeance in any manner whatsoever when they grow up and enter the society.
"To this extent, we feel that it would only be appropriate that an alternative to death sentence can be imposed on Kamaraj and Elangovan," it said.
Upholding the conviction for murder, the bench modified the death sentence to imprisonment for life.
The sentence of 10 years RI for robbery and the double life imprisonments would run consecutively. The accused shall first undergo the RI and then life imprisonments concurrently.
The bench also expressed hope that the two accused would reform themselves.
It requested the District Legal Services Authority to ensure that the children of the accused continue their school education and also guide their wives, if in some way qualified, in moving forward in life.
These positive initiatives taken by the court would propel the accused to reform themselves and when they come out of prison, they would be useful to society at least in extolling virtues of a crime-free life, the order said.
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