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Yug Murder Case Conviction: Is this crime rare enough to invite death penalty?

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yug murder case judgement

Shimla: The Supreme Court of India, in a decision in Machhi Singh vs State of Punjab case in 1983, had coined the term “rarest of the rare.”

As per Justice MP Thakkar, rarest of the rare case means,

When the collective conscience of the community is so shocked that it will expect the holders of the judicial power center to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining the death penalty.

Further, the deciding factors included the manner of commission of murder.

When the murder is committed in an extremely brutal, grotesque, diabolical. revolting, or dastardly manner so as to arouse the intense and extreme indignation of the community,

the Apex court had stated.

There are several other guidelines including consideration of aggravating and mitigating factors. However, there has been a long contradiction between the advocates of capital punishment and human rights activists all over the world. 

One of the arguments against the death penalty states that the courts can not give birth to a human hence it doesn’t have the right to take life. The debate also considers the deterrent effect of awarding death penalty on offenders in making. Does it deter people from committing crimes?  

In India, this debate holds more value as the rarest of rare cases are no more rare. The crime rate, especially crime against women is only rising. In 2012, the  gangrape and brutal murder of Nirbhaya in the national capital had sounded the alarm. The accused were given death sentence but the question is whether it deterred criminals or not. 

In Himachal, the debate was again sparked on August 6, 2018, as the district and session judge, Virender Singh found all three accused guilty of abducting and murdering Yug Gupta, a 4-years-old boy, in June 2014. However, the court did not announce the sentence, which is likely to be decided on August 13 – the next date scheduled for the sentencing hearing.

These three convicts include Tejinder Singh (29), Chander Sharma (26), and Vikrant Bakshi (22).

The parents of the murdered boy have been grieving since his abduction on June 14, 2014, from their home in Ram Bazaar, Shimla. Their pain was aggravated by the failure of Shimla Police in solving the case after an investigation of several months. The case was then handed over to the Criminal Investigation Department (CID) of Himachal Pradesh.

Their grief knew no bounds when the CID team recovered parts of Yug’s skeletal from a water tank on August 22, 2016, after a long investigation.

Related Story: Skeleton of missing Shimla kid recovered after 2 years from MC water tank near Bharari

It turned out that said three youth, with an intention to extract a ransom from his family, had abducted Yug. The mastermind Chander was a neighbour of the victim’s family.

Does the crime attract capital punishment?

As per the Supreme Court’s directions in the 1983 Machhi Singh case,
The capital punishment can be imparted in cases

When the victim of murder is an innocent child who could not have or has not provided even an excuse, much less a provocation, for murder.

This criterion also included women or a person rendered helpless by old age or infirmity.

The crime committed in the case of Yug Gupta involve a 4-years-old child who, as per the investigation, was made to live in inhuman conditions after the abduction. The convicts had rented an apartment located at an isolated location near Ram Chandra Chowk. For a week, the child was kept naked in a bed-box, starved, and was made to consume alcohol forcefully to keep him in a sedated state and prevent him from making any noise.

Related Story: Yug Murder Case: Possible torture to death, drowned alive, suggests initial investigation, protest erupts in Shimla

After a week of abduction on June 14, the convicts tied him to a stone with a rope and threw him into a Shimla Municipal Corporation’s water supply tank in Kelston on June 21. Yug was alive when he was thrown into the tank.

The convicts had not asked for ransom until June 27 when the parents received a letter demanding a ransom of Rs. 3.6 crores. However, they had already murdered Yug a week ago.

The recovery of the skeletal remains had sent waves of shock across the state, which was followed by public protests demanding a death penalty for the three convicts.  The Bar Association had also decided to not to take up the case of any of the accused. The case was first-of-its-kind in Himachal Pradesh – a considerably peaceful place as compared to rest of the States.

Everyone found it inconceivable to give an innocent child such horrible death. The convicts were even thrashed by an enraged mob while they were being taken to the court. 

The CID had filed a charge-sheet against the accused on October 25, 2016.

The charge-sheet also included ten reports attached with it.  Two of the reports were that of DNA test conducted to match remains of Yug parents and another report prooving that Yug was alive when the convicts dumped him in the Kelston tank.

About 114 persons are mentioned as the witnesses and statements of over 100 persons have been recorded. All the three accused were booked under sections 302, 201, 342, 364 A and 120 B of the IPC.

The case had indeed shocked the community and it did involve a helpless, innocent child, but it is to be seen whether it qualifies as a rarest of the rare case or not.

In brief, the rarest of the rare crime should consider:

  1. Manner of commission of murder
  2. Motive for commission of murder
  3. Anti-social or socially abhorrent nature of the crime
  4. Magnitude of crime
  5. Personality of victim of murder

Further, in September 2013, a bench of justices S J Mukhopadhaya and Kurian Joseph, while turning a sentence of the death penalty to a man accused of multiple murders into life imprisonment, had noted that the life imprisonment is the rule and death penalty an exception and courts should also consider socio-economic before pronouncing sentence.

 Poverty, socio-economic, psychic compulsions, undeserved adversities in life are some of the mitigating factors which are also required to be considered, in addition to criteria laid down in its two landmark verdicts on the death penalty,  

the bench had stated adding

We may note that the rule is life imprisonment for murder, and death is the exception for which special reasons are to be stated.

There seems to be no socio-economic compulsion in the case of the convicts in the Yug murder case that had compelled them to commit this crime.  The accused are also mentally sound. However, for the court, it would not be that easy to pronounce a death sentence.   

If a death penalty is awarded then, in accordance with the Section 354(3) of the Criminal Procedure Code (CrPC), the judge would have to cite special reasons for it. 

The family of the Yug has expressed full faith in the judiciary and expects that the court would pronounce nothing less than a death penalty for the brutal murder of Yug.

The recovery of the remains of Yug had also posed serious questions over the cleaning and security of the water supply tanks of the SMC as well as the Irrigation & Public Health Department. The case highlighted that these agencies were not taking any measures to secure these tanks as they were neither locked or monitored in any other way.

The SMC supplied water to the public from this tank for two years until the arrest of the convicts who led the CID team to the spot. The convicts had thrown Yug into the tank in 2014 and it remained inside it up to August 2016, which clearly exposed the lackadaisical approach of government departments towards the quality of drinking water supplied to the public.

The police had also registered an FIR at Sadar Police Station under provisions of Water (Prevention & Control of Pollution) Act 1974 on the basis of the CID’s report. The SMC was charged with a negligent act that could have led to spread of an epidemic or other infections lethal to human life. 

However, the then Mayor of Shimla, Sanjay Chauhan, had questioned CID’s investigations and had claimed that all remains of Yug’s skeleton were recovered from surroundings of the Keleston-based water tank, not from inside. He had alleged Congress and BJP of playing cheap politics over the death of an innocent child.

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 9 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture the world around him in his DSLR lens.

Environment

New Shimla Youth Carry Out Forest Cleaning Drive, Request Residents to Maintain Cleanliness

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yatan youth club new shimla

Shimla-Littering and waste disposal in forests in Himachal Pradesh is becoming a grieve environmental issue. Not only the tourists, but locals too contributing towards filling the forest with solid waste. The worst affected are the forests in tourist towns. The district administrations, the pollution control board, and the Municipal Corporations and Councils have no plan of action to deal with this problem. As usual, they are in deep slumber. They are only interested in getting photographed with brooms and masks, sweeping floors of some park, which is already clean.

There is only one Solid Waste Treatment Plant in the State, and that’s, too, has been turned into a dumping yard. A week ago, the heaps of waste were on fire, causing air pollution.

Unfortunately, a section of educated youth is responsible for littering. However, at the same time, a section of the same youth is making efforts to rectify the situation and create awareness in the society regarding cleanliness.

The latest example is the forest area near Kanlu Temple in Sector 4 of New Shimla.

The Yatan Youth Club of New Shimla carried out a cleaning campaign and found that not only domestic solid waste is being dumped into the forest but also the construction waste. The members of the club are carrying out this campaign in multiple rounds as it is not possible to collect entire waste in one day.

New Shimla Youth Club Cleaning Campaign
In the first round, the members collected a large amount of beer and plastic bottles, which were thrown into the forest by ignorant locals.

New Shimla Youth Club Cleaning Campaign 2

In the second round, they found plastic bags, baby diapers, sanitary napkins etc dumped into the forest, which are not only an environmental hazard but also a sanitation issue. Diapers and sanitary napkins, especially in monsoons, attracts flies and mosquitoes alongwith emitting a foul smell.

The members of the Club took the pain of taking out this waste from the forest as well, which is highly appreciable.

“Though the door-to-door garbage collection service is available in the locality during morning hours, the locals throw garbage generated during the day into the forest at evening,”

the members of the Youth Club told Himachal Watcher.

“Waste generated from maintenance or construction activity in the locality is also dumped into the forest, which is extremely harmful to the environment,”

the members added.

New Shimla Youth Club Cleaning Campaign 3

Forest After Cleanliness Drive

The Youth Club, through their campaign, has requested the locals to at least keep their surrounding clean and refrain from dumping waste into forests. The locals should take responsibility for their locality instead of indulging in littering, the members said.

At the same time, the Youth Club has sent out a message to youth in other localities to come ahead and take similar initiatives if they really want to bring a change.

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Kullu Bus Accident: Death Toll Reaches 44, About 35 Injured, Several Critical

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Deaths in Kullu Bus Accident in 2019


SKullu-
The bus accident in Banjar sub-division of Kullu district has entered the list of biggest tragedies in Himachal Pradesh. Per the last information received, the death toll has reached 44, and over 30 injured are undergoing treatment at Banjar Civil Hospital, Kullu Hospital, and Hosptial in Mandi’s Nerchowk.

Several injured are in critical condition and have been referred to PGI, Chandigarh. The district administration fears a possible rise in the death toll considering the critical condition of the injured.

All deceased are said to hail from about 20 villages in Kullu and Mandi.

The accident has again exposed the State government’s hollow promises to take measures to reduce road accidents. There is still no check on vehicle maintenance and overloading, leave alone appropriately placing crash barriers on cliff-side of the roads.
Causes of Kullu Bus Accident in 2019

This 42-seater bus was carrying over 75 passengers, there were passengers on the roof as well, eye-witnesses confirm. The bus had left for Gada Gushaini from Banjar on Thursday evening at about 3:45 PM. The bus had not covered more than two kms when it plunged into a 500 feet deep gorge near ‘Bheot mod’ and landed in a Khada fter scraping the mountain face.
Banjar Bus Accident in Pictures

As per a Hindi Daily, the driver was untrained and was perhaps driving a bus for the first time.

Locals, who travelled in this bus daily, told another Hindi Daily that the bus was in poor condition and often developed technical snags. According to the Daily, the driver experienced a problem in shifting gears when the bus approached the ‘Bheot mod’ and began to move backwards uncontrolled before skidding off the road.

The Superintendent of Police, Kullu, Shalini Agnihotri said, the exact cause of the accident could only be ascertained after a proper probe.

Chief Minister Jairam Thakur, who visited the hospital to meet the injured said,

The road at the spot was not in bad condition. Prima facie it looks like a case of overloading. A meeting was held today to ensure that such incidents don’t happen in future

The driver is reported to have jumped off the bus. A Daily said the driver survived and fled the spot. However, official confirmation was awaited. Hearing the sound of the accident, the locals from nearby Bhumar village rushed to the spot. As per eyewitnesses, the bodies were scattered all over the steep mountain.

Moreover, the condition of crash-barriers install was quite poor. The single-row crash barriers were not installed properly and held no chance of stopping the bus from skidding off the road.

Pictures of Kullu Bus Accident in 2019
The bus was shredded into pieces and its parts were mangled all over the hill and the stream at the bottom of the gorge. The locals had a tough-time descending the steep hill. With the help of ropes, the bodies and injured were extricated and brought up to the road. Further, the locals formed human chains to carry the injured across gushing water of the stream.

Death toll in kullu bus accident

The accident is not the first of its kind. There have been several such accidents in the past in Himachal Pradesh. On April 9, 2018, 27 people including 24 children were killed in a school bus accident in Nurpur in Kangra district. In April 2017, 45 people had died when an overloaded bus had plunged into a gorge near Nerwa in Shimla district. In 2016, 17 had died when a bus fell into Beas river in Mandi district, 25 in Rampur in 2017, 31 in July 2015 when a bus fell into the Parvati in Kullu. Before that, May 2013, 42 people were killed as a private bus plunged into Beas river.

In 2019 alone, 430 people have died in 1,168 road accidents in Himachal Pradesh by May 31. Between 2009 and 2018, over 11,000 people had died in nearly 31,000 different road accidents in the state.

Every time an accident happens, probes are ordered and government issues statements taking vows to fix black spots and implement violation of traffic rules like overloading and rash driving strictly. Further, assurances are provided to take strict action against all government officials and those responsible for the accident. After a few months, the usual business continues as the government officials go back into deep slumber. No action is ever taken against government officials responsible for negligence.

It’s no different this time too, the chief minister has ordered a Magisterial probe while the state transport minister Govind Singh Thakur has made similar promises. How and what actions will be taken remains to be seen.

It’s seen over the year that no audits are conducted to assess the need for additional bus services. The rural areas face a huge problem due to the lack of sufficient bus services, which is also responsible for overloading. There are limited buses and people are left with no choice but to board on overloaded buses to reach their destinations.

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The Regional Transport Office also has a role in such accidents because poorly maintained buses are passed easily. The Public Works Department has all the time to build a corrupt nexus with private contractors, but not to care to install much-needed crash barriers. The district administration and police hardly find time to run regular inspections to see if there is a paucity of bus services or buses are being overloaded.

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Campus Watch

Want to Participate in Sports Tournament? Pay Rs 3700: Shimla’s Private School to Students

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Auckland School Shimla making student to pay for sports tournament

Shimla-The Auckland House School, Shimla, had charged Rs. 4200 per student for a three-day picnic tour to Sadhupul organized about 10 days ago. Now, for a sports tournament in Palampur of Kangra district, the school is asking the students representing it to pay Rs 3700. It sounds absolutely absurd that instead of taking responsibility for the expenditure of the students representing it in the sports tournament, the school is asking students to pay a heavy fee for it. The school is already charging hefty annual fees from the students, but still asking for more. This is nothing more than a new way to extort money from parents. All of these allegations were labelled by the Student-Parent Association on Wednesday.

The school, however, defended itself by saying that participation in these events is not mandatory and parents are not forced in any way. Only those students who opt to participate would have to pay the said fees.

As per the parents, a sports tournament of missionary schools is being organized under the banner of Diocese of Amritsar from June 13 to 16 in Palampur. However, instead of incurring the expenditure for sending students to participate in it, the school is charging Rs 3700 from the students.

The parents alleged that to pressurize the parents, the school sends consent letters to parents just a couple of days before these events. The students are exposed to mental pressure and parents are compelled to sign these consent letters at the last moment. The other private institutions are also following the same pattern.

The parents alleged that the school is not refraining from looting students despite notifications and guidelines issued by the Directorate of Higher Education respectively on March 18, April 8, and May 4. The Association has demanded that the Director of Higher Education should take appropriate action to check this unjustified action of charging hefty amounts on the names of various events.

It’s pertinent to mention that the Association has been staging protests for the last four months against hefty, unjustified fees. They have been alleging that these schools have taken a form of mafia and has turned education into a purely profit-making business. Their protests had compelled the Directorate to issue guidelines to private schools to cut unjustified charges from fees. The Directorate had also ordered an inspection of all private schools running in all districts of the state. It was assured that necessary action would be taken after the completion of the inspection. However, no action was taken following the inspections. The Association had even alleged that schools didn’t even cooperate in inspection and did not provide details they were asked to submit by the Directorate. Moreover, the Directorate did not make findings of the inspection report public.

Some parents had also alleged that their children were made to go through mental harassment by school teachers. The children of those parents who were participating or supporting the protest were targeted individually, made to stand in class, and embarrassed.

However, the government did not intervene in any manner and let the schools enjoy all the liberties they wanted to.

The parents have again demanded that the government should form a regulatory body to check the financial exploitation of the parents by private schools. The Association has warned the government of more fierce protests in case it fails to meet the demands.

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