3 get death for killing rickshaw puller over wife’s illicit affair; 2 get life, woman acquitted

Dehradun: A Dehradun court awarded the death penalty to three men for murdering a rickshaw puller in Nov 2022 by forcing him to drink alcohol and smashing his head with a stone. Two others who plotted the killing were sentenced to life, while the victim's wife, accused of conspiracy, was acquitted.The court sentenced Arshad, Shahrukh, and Ravi Kashyap to death for killing Mohd Mohsin. Sabir Ali, named the main conspirator, and his relative Rais Khan, who helped plan the murder, were given life terms. Additional district judge Mahesh Chandra Kaushiwa delivered the verdict on Friday. Mohsin's wife, Sheeba, was given the benefit of the doubt due to lack of direct evidence.Public prosecutor Arvind Kapil said Sabir had developed an illicit relationship with Sheeba, which led to tensions in Mohsin's home and ultimately the murder. The court noted that the convicts filmed the killing while abusing the victim. "The very act of filming the murder proves that it was not a sudden or impulsive crime but a pre-planned, consciously executed act of cruelty... Mohsin pleaded with folded hands not to take his life; however, the convicts were satisfied only by brutally mauling him to death. Convicts behaved in an uncivilised and barbaric manner against a helpless victim."The judge added, "A crime of this magnitude, recorded and carried out with open contempt for human life, shakes the collective conscience of society. The crime squarely falls within the ‘rarest of rare' doctrine, where awarding the death penalty alone meets the ends of justice."On Nov 28, 2022, the trio booked Mohsin's e-rickshaw, took him to Guchhupani, forced him to drink, and killed him by striking his head and face with a stone. Sabir, who ran a sanitary shop near Mohsin's house, had allegedly hired them, while Rais arranged their visit to Dehradun.Mohsin's brother Toqeer told the court Sabir began visiting their home regularly and developed an illicit relationship with Sheeba, leading to frequent quarrels between the couple. In Dec 2021, Mohsin returned home unexpectedly and found them in a compromising position. That evening, Sheeba's brother Musarrat took her away.The prosecution presented 25 witnesses and relied on circumstantial evidence, forensic analysis, and call records to establish the conspiracy. "The chain of circumstances is complete and unerringly points towards the guilt of these accused persons, leaving no room for any hypothesis consistent with their innocence," the court said.The postmortem found Mohsin had suffered multiple severe injuries, including fractured skull and facial bones, torn brain tissue, a ruptured brain membrane, and bleeding from the mouth, nose and ears. "The very description of these injuries demonstrates the extreme savagery and merciless violence with which the victim was attacked," the court added. "Convicts Arshad, Shahrukh, and Ravi Kashyap are a continuing threat to society. Accordingly, they deserve the death penalty."The court also imposed a fine of Rs 25,000 on each convict and directed Sabir and Rais to pay Rs 1 lakh each to Mohsin's two children. If they default, the amount will be recovered from their property.