CBI Seeks Remission-Less Life Term For Congress MLA Vinay Kulkarni, Others Convicted For Murder Of BJP's Yogesh Goudar

The Central Bureau of Investigation told a Bengaluru court on Thursday (April 16) that life imprisonment without remission must be awarded to Congress MLA Vinay Kulkarni and others who were convicted for the murder of BJP leader Yogesh Goudar. 

The pronouncement on quantum of sentence is listed for tomorrow i.e. Friday. 

On Wednesday the special court had convicted Vinay Kulkarni and sixteen others for murder and criminal conspiracy. 

Today, during the pre-sentencing hearing (prior to the pronouncement of the quantum of sentence), Additional Solicitor General SV Raju appearing for the CBI submitted before Judge Santhosh Gajanan Bhat, that the central agency is not pressing for the death penalty. Instead, CBI has sought the maximum permissible alternative: life imprisonment for the remainder of their natural lives without remission.

"The sentence must be such that it reflects the gravity of the wrong and the need to protect society... I am not for the death penalty in this case, but a sentence for the remainder of life without remission should be passed….The offence of murder, which extinguishes life, the law must respond with commensurate gravity. My submission is that the sentence must be most severe and legally permissible in law," the ASG submitted.

Pertinently, Section 8(3) of the Representation of People's Act (RPA), 1951 mentions that a sentence of at least two years in a criminal case could result in electoral disqualification unless a higher court stays the conviction itself.

ASG Raju pointed out the aggravating circumstances that would necessitate such a punishment. He highlighted the systemic manipulation of State instrumentalities by Kulkarni.

The counsel further emphasised on the act of producing 'dummy assailants' to shield the original accused, before the case was transferred to the CBI. A reference was also made to the alleged use of chilli powder on the deceased to incapacitate him before the murder.

“A15 (Vinay Kulkarni) manipulated the system by abusing his position for personal gain by influencing the police department and other officials…Even the office of public prosecutor was not spared by the accused to tamper with the evidence.”, ASG said. 

Meanwhile appearing for Kulkarni, Senior counsel Shyam Sundar highlighted that Indian Constitution has adopted the "reformative" theory when it comes to punishment.

“We don't have retributive or blood money theories in terms of punishment. By awarding this punishment, is a reformation expected or not?” he said. 

Countering the prosecution's demand for life term imprisonment without remission, Sundar argued that Kulkarni's election to the state legislative assembly is an indicator of his goodness.

“He is a sitting MLA. There are masses who have reposed faith in his persona. The best evidence of his goodness is him being chosen by the people," he said.

The counsel added that the conviction was based on circumstantial evidence, there remains an 'area where innocence is possible', necessitating a minimum possible sentence.

On the other hand, State Public Prosecutor urged the court to consider the possibility of awarding compensation to the four minor children of the deceased who have lost "their father's love and affection".

Vinay Kulkarni, appearing in person, also told the court that he and his family had been pure agriculturalists, cultivating over hundreds of hectares. He said that he has been a member of the legislative assembly multiple times and has also served as the minister of the state.

After hearing the arguments the court reserved its verdict on the quantum of sentence.

The court in its order dictated:

“…For orders on quantum of sentence, call on tomorrow. The jail authorities, in the meantime, are directed to produce the accused physically before this court on the next date of hearing. A2-A16 may be remanded to Judicial Custody till the next date of hearing”.

Background

As per reports, accused number 1- Basavaraj Muttagi and accused No. 17-Shivanada Shrishaila Biradar had turned approvers. Additionally, the court acquitted accused No. 20 Vasudev and accused No. 21 Somashekhar Nyamagoud, giving them the benefit of doubt.

Yogesh Goudar, a zilla panchayat member of the BJP from Hebballi constituency, was murdered by an armed gang at his gym in Saptapur in Dharwad in 2016. An FIR was registered with the Dharwad Sub-Urban Police Station at the instance of the deceased's wife. The Dharwad Police subsequent to his murder arrested six persons and charge sheeted them for murder. The probe was later transferred to CBI. 

On December 6, 2023 the Special Court framed charges against all the accused including the petitioner for offences punishable under sections 143, 147, 148, 120-B, 302, 201 read with Section 149 of IPC and also for the offences punishable under Section 25 read with Sections 3, 5, 8 and 29 of the Arms Act, 1959.

On April 8, 2024, the High Court upheld the charge framed by the Special Court against Kulkarni and 20 others. In June, 2024 the Supreme Court dismissed the SLP filed against the High Court order.

Case Title: CBI v. Basavaraj & Ors.

Case No: Spl CC 565/2021