The Delhi High Court on Wednesday upheld conviction of controversial UP politician DP Yadav’s son Vikas and two others in the 12-year-old Nitish Katara murder case and described it as honour killing stemming from a “deeply entrenched belief” in caste system.
Nitish, who belonged to Katara caste, was abducted and killed by Vikas, his cousin Vishal Yadav and co-convict Sukhdev Pehalwan as they did not approve victim’s affair with Vikas’s sister Bharti, as they belong to different castes, the court said.
“The case of the prosecution squarely brings the murder of the Nitish Katara within the meaning of the expression honour killing. ‘Honour killing’ is a class of offences by itself. Its motivation stemming from a deeply entrenched belief in the caste system, it is completely unacceptable,” the bench said.
The bench headed by Justice Gita Mittal, in its 1,193-page verdict, dealt with 28 issues raised by the prosecution and defence lawyers during the arguments and said 23 incidents, relating to the case, formed the “chain of circumstances” which is proved beyond reasonable doubt.
Pronouncing the verdict in the packed courtroom, it said, “We find no infirmity in the impugned judgements dated May 28, 2008 and July 6, 2011 passed by the learned trial judges. The present appeals being devoid of merits are hereby dismissed.”
The bench, also comprising Justice JR Midha, dismissed convicts’ appeals against the conviction and has now fixed the pleas of state and Neelam Katara, mother of the victim, for hearing on April 25 for deciding on the quantum of punishment.
Neelam Katara and the prosecution had filed appeals in the high court simultaneously seeking award of death penalty to the convicts on the ground that the offence fell under the rarest of rare category. Reacting to the verdict, Neelam Katara said, “I am satisfied and happy with the verdict both as a mother and a citizen and thank the almighty, court, citizens of the country and the media for the decison.”
Vikas, Vishal and Sukhdev Pehalwan are serving life term for abducting and killing Nitish Katara, a business executive and son of an IAS officer, on the intervening night of February 16-17, 2002.
The Supreme Court, in 2002, first stayed the ongoing trial in Ghaziabad court and then transferred the case to a sessions court here after considering the plea that fair proceedings were not possible in Uttar Pradesh as the accused belonged to an influential political family.
While upholding the trial court’s findings for the killing of Katara, the High Court, in its verdict, said the right to choose a life partner is a fundamental right guaranteed under the Constitution.