Fatehabad court awards death penalty to man for killing brother

A Fatehabad district court has awarded the death penalty to Ashok Kumar of Tohana town for the murder of his physically challenged brother.

The court of District and Sessions Judge Deepak Agrawal pronounced the verdict after considering arguments from the prosecution and defence, as well as the convict’s statement and his conduct during custody. The case has been forwarded to the high court for the confirmation of the death penalty.

The judge remarked, “The ghastly and devilish act of the convict definitely fits this case in the bracket of 'rarest of rare case'. Thus, the convict deserves nothing except the extreme penalty of death.”

The incident occurred on June 18, 2020, when the accused (now convict) Ashok Kumar murdered his brother Deepak and fled with his torso in a bag. The police registered a case under Sections 302, 457 and 506, IPC, on the complaint of Sushma Devi, wife of the deceased, at Tohana city police station.

The court stated that the brutal killing of Deepak, who was wheelchair-bound and living alone, was premeditated. The accused had used a sharp-edged weapon, a 'kapa', to inflict 28 wounds on the victim, severing his head and wrist. The judgement stated that the evidence included crime scene photographs showing "pools and fountains of blood", underscoring the brutality of the act.

According to the prosecution, the convict murdered his brother to gain control of the family house. After the murder, Ashok Kumar severed the victim’s head, disposed it of along with the murder weapon, CCTV DVR, and house keys in a canal to destroy the evidence. The court noted that the accused even boasted over the phone to an acquaintance that "morcha fateh kar diya hai".

The convict pleaded for leniency, citing his good conduct in jail and health issues. However, the court dismissed his pleas as the prosecution argued that the case met the criteria for the "rarest of rare" case, emphasising the calculated and inhumane manner of the crime.

Observing that Ashok Kumar’s actions were neither impulsive nor influenced by duress or mental disturbance, and instead, reflected a deliberate and depraved mindset, devoid of basic humanity and incapable of reformation, the judgement stated that there were no cogent mitigating circumstances in his favour.

The convict will remain in jail custody until further orders.

'Devilish act'

“The ghastly and devilish act of the convict definitely fits this case in the bracket of 'rarest of rare case'. Thus, the convict deserves nothing except the extreme penalty of death.” — District and Sessions Judge