Additional Sessions Judge (ASJ) Kamini Lau sentenced 41-year-old Ram Surat, holding him guilty of killing the sweetmeat seller saying that he committed the murder "in cold blood" without any provocation or giving an opportunity to the victim to defend himself.
The judge, however, refused to meet the prosecution's demand for death penalty to convict saying he is a first-time offender.
"The mitigating factor in the present case is that the convict is a first-time offender and has no previous criminal record. The aggravating factors are that the convict committed the murder in cold blood without any instigation and even before the deceased could respond or save himself.
"Having considered the aggravating and mitigating factors, I am of the view that the present case does not fall within the category of rarest of rare crime. Convict Ram Surat is hereby sentenced to rigorous imprisonment for life and fine of Rs 50,000 for the offence under section 302 of the Indian Penal Code (IPC)," the court said.
The convict was arrested by the police on the complaint of deceased's son-in-law Manoj Kumar Shah who had alleged that April 15, 2011 morning he was on his way to answer nature's call, when he saw Ram beating up and battering the victim's head with a rock.
Shah had also said on seeing him, Ram had run away from the spot. (More)
