Delhi High Court Commutes Death Penalty Of Man For Murder Of 12-Yr-Old, Modifies Sentence To 20 Yrs Rigorous Imprisonment Without Remission

The Delhi High Court on Monday commuted the death sentence awarded to a man for kidnapping and murdering a 12-year-old minor boy in 2009.

A division bench of Justice Mukta Gupta and Justice Anish Dayal modified the sentence awarded to Jeevak Nagpal to 20 years of rigorous imprisonment without remission. 

Nagpal was awarded death penalty by the trial court in 2020. He was 21 at the time of the crime and 32 years old when he was convicted.

“The sentence of the appellant is thus modified to rigorous imprisonment for life with no remission till 20 years and to pay a fine of ₹1 lakh, in default whereof, to undergo simple imprisonment for six months for offence punishable under Section 302 IPC. Sentences as awarded by the learned Trial Court for offences punishable under Sections 364A, 201 and 506 IPC are not modified and will remain the same,” the court saiid.

Nagpal was the minor victim's neighbour. It was the complainant’s case that Nagpal kidnapped the minor in March 2009 and demanded ransom from the father. Nagpal was convicted for murdering the minor by causing injuries with jack handle of his car and smothering him. He then threw the victim’s body in a dry drain.

While awarding him death sentence, the trial court had observed that the act was "cruel and gruesome" and did not deserve leniency.

The bench turned down the reference seeking confirmation of Nagpal’s death sentence and disposed of his appeal upholding the conviction for offences punishable under Sections 302, 364A, 201 and 506 of IPC by modifying the order on sentence.

“The appellant was enrolled in the Chartered Accountant Course. There is no previous criminal history either of the appellant or his family members. On psychological assessment of the appellant, no such ailment or past history has been found. As per the Nominal Roll, the jail conduct of the appellant is satisfactory except for one jail punishment dated 15th July, 2020. In the jail appellant is working as a Sahayak at the legal office. Thus it cannot be said that the option of life sentence is unquestionably foreclosed as the appellant is capable of being reformed,” the court observed.

It added that the even though the offence of kidnapping of the minor for ransom was committed in a preplanned manner, it could not be held that the murder was committed in a pre-planned manner.

Title: State v. Jeevak Nagpal

Citation: 2023 LiveLaw (Del) 530

Click Here To Read Order