Nitish Katara Murder: Vikas Yadav’s review petition against 25 year imprisonment without remission, dismissed

Supreme Court: The bench of Dipak Misra, CJ and SA Bobde, J refused to interfere with the order in Vikas Yadav v. State of U.P., (2016) 9 SCC 541, where the court had imposed 25 years imprisonment, without remission, on Vikas and Vishal Yadav for brutally murdering their sister’s lover Nitish Katara. Vikas Yadav had sought review of the punishment imposed upon him.

On 03.10.2016, the bench of Dipak Misra and C. Nagappan, JJ  had noticed that the crime was committed in a planned and cold blooded manner with the motive that has emanated due to feeling of some kind of uncalled for and unwarranted superiority based on caste that has blinded the thought of “choice available” to a sister – a representative of women as a class. The deceased was burnt to such a point that his own mother could only suggest the identification from the small size of one unburnt palm with fingers of the hand that the body appeared to be that of her deceased son. terming the offence to be one of ‘honour killing’, the Court had said:

“Neither the family members nor the members of the collective have any right to assault the boy chosen by the girl.”

Vikas Yadav was also prosecuted in “Jesica Lal murder case” and he committed the crime in the present case while he was out on bail. [Vikas Yadav v. State of UP, REVIEW PETITION (CRL.) NOS.268-270 OF 2017, decided on 29.08.2017]

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