Recently, the Tis Hazari Court in Delhi has sentenced a man to life imprisonment for murdering his wife by setting her on fire in 2014. While delivering the sentence, the Court ruled that although the aggravating circumstances outweighed the mitigating factors, the case does not qualify as one falling within the “rarest of rare” category warranting the death penalty.
An FIR was registered in 2014 at the Sarai Rohilla Railway Station police station following the incident in which the convict, Giriraj Kishor Bhardwaj alias Shyam Nagar, killed his wife, Kusum, by burning her to death. After a detailed trial, the accused was held guilty of murder under Section 302 of the Indian Penal Code by Additional Sessions Judge Virender Kumar Kharta on April 9, 2025.
During the sentencing hearing, the defence counsel urged the Court to take a lenient view, citing the convict’s socio-economic background. It was submitted that the accused belongs to the economically weaker section of society. Further, the counsel pointed out that the convict's father is a senior citizen suffering from multiple ailments, and his mother is deceased. Emphasizing that the convict is a first-time offender, the defence argued that he could be reformed and that the minimum punishment ought to be considered.
In contrast, the prosecution sought the maximum punishment permissible under law. The Additional Public Prosecutor (APP) contended that the offence was heinous, involving the deliberate murder of the convict’s wife. The APP further submitted that the murder had severely impacted the lives of the sons of the deceased, who had to discontinue their education following the incident. It was also pointed out that the elder son had become a drug addict, while the younger son, still a minor, was working as a helper to a vegetable vendor.
The Court considered both the aggravating and mitigating circumstances while determining the quantum of sentence. While rejecting poverty as a significant mitigating factor, the Court observed that “In the present case, the aggravating circumstances have outweighed the mitigating circumstances, but still, the present case does not fall within the purview of the rarest of rare doctrine.”
Regarding compensation, the Court held that as the deceased Kusum is no longer alive, compensation cannot be awarded directly to her but must be extended to her legal heirs.
On May 17, 2025, the Court sentenced Giriraj Kishor Bhardwaj alias Shyam Nagar to life imprisonment for the offence of murder. Additionally, the Court directed that compensation be provided to the legal heirs of the deceased in accordance with Section 357A CrPC and Part-I of the Delhi Victim Compensation Scheme, 2018.
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