Nitish, belonging to Katara caste, was abuducted and killed by Vikas, his cousin Vishal Yadav and co-convict Sukhdev Pehalwan as they did not approve victim's affair with Bharti, daughter of D P Yadav, as they belong to different castes, the court said.
“The case of the prosecution squarely brings the murder of the Nitish Katara within the meaning of the expression honour killing.
“'Honour killing' is a class of offences by itself. Its motivation stemming from a deeply entrenched belief in the caste system, it is completely unacceptable,” the bench said.
The bench headed by Justice Gita Mittal, in its 1,193-page verdict, dealt with 28 issues raised by the prosecution and defence lawyers during the arguments and said twenty three incidents, relating to the case, formed the “chain of circumstances” which is proved “beyond reasonable doubt.”
Pronouncing the verdict in the packed courtroom, it said, “We find no infirmity in the impugned judgments dated 28th May, 2008 and 6th July, 2011 passed by the learned trial judges. The present appeals being devoid of merits are hereby dismissed.”
The bench, also comprising Justice J R Midha, dismissed convicts' appeals against the conviction and has now fixed the pleas of state and Neelam Katara, mother of the victim, for hearing on April 25 for deciding on the quantum of punishment.
Neelam Katara and the prosecution had filed appeals in the high court simultaneously seeking award of death penalty to the convicts on the ground that the offence fell under the “rarest of rare” category.
