Vishal Yadav vs State Govt. Of UP

Headnote AI-drafted · Editorially reviewed

The appellants Vikas Yadav and Vishal Yadav were convicted by the Additional Sessions Judge under Sections 302/364/201 read with Section 34 IPC and sentenced to life imprisonment with fine in SC Case No.78 of 2002 arising out of FIR No.192/02, the judgment having been passed on 28th May, 2008 and sentence order on 30th May, 2008. Sukhdev Yadav alias Pehalwan was separately convicted and sentenced to life imprisonment for the same offences by orders dated 6th and 12th July, 2011 in SC No.76 of 2008.

Multiple appeals were filed before the Delhi High Court: the convicts challenged their respective convictions and sentences, while the State filed enhancement appeals under Section 377 Cr.P.C. against both sets of accused. The mother of the deceased, Nilam Katara, filed a criminal revision petition also seeking enhancement of sentence, in what has come to be known as the Nitish Katara murder case.

The court was called upon to consider the adequacy of sentencing in a case of kidnapping and murder, examining principles of sentencing justice including the nature and gravity of the crime, the circumstances of the offenders, and the question whether the case fell within the 'rarest of rare' category warranting imposition of the death penalty, as against the life imprisonment awarded by the trial courts.

Catchwords: murder kidnapping causing disappearance of evidence sentencing enhancement of sentence life imprisonment death penalty rarest of rare Section 302 IPC Section 364 IPC Section 201 IPC Section 34 IPC Section 377 CrPC Nitish Katara murder case honour killing