NweDelhi,Nov.7: The Supreme Court Friday commuted death penalty of a rape and murder convict, observing that he was incarcerated in solitary confinement, which led to ill-effects on his well-being.
A bench, headed by Chief Justice U.U. Lalit noted that B.A. Umesh was kept in solitary confinement at Belagavi jail for a period of 10 years in violation of law.
“The incarceration in solitary confinement, thus, did show ill effects on the well-being of the appellant. Against the backdrop of these features of the matter, in our view, the appellant is entitled to have the death sentence imposed upon him to be commuted to life,” said the bench, also comprising Justices S. Ravindra Bhat and Bela M. Trivedi.
However, the top court said he should undergo a minimum sentence of 30 years before considering any remission plea on his behalf.
“In our view, ends of justice would be met if while commuting the death sentence awarded to the appellant, we impose upon him sentence of life imprisonment with a rider that he shall undergo minimum sentence of 30 years and if any application for remission is moved on his behalf, the same shall be considered on its own merits only after he has undergone actual sentence of 30 years,” it said.
Umesh moved the apex court challenging the Karnataka High Court’s order passed in September 2021, dismissing his plea for quashing the rejection of his mercy plea due to delay. He also questioned the decision to keep him in solidarity confinement since trial court handed down a death penalty to him in 2006.
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