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Death reserved for the poor<br />
Case 11: Narayan Chetanram Chaudhary and Jitendra, Maharashtra<br />
In August 1994, Narayan Chetanram Chaudhary and Jitendra @ Jitu<br />
Nayansingh Gehlot were accused of killing seven persons, five women and<br />
two children in Pune, Maharashtra. The trial court on conviction sentenced<br />
them to death which was confirmed by the Bombay High Court on 22 July<br />
1999. On 5 September 2000, the Supreme Court upheld the conviction<br />
and the death sentence. Narayan Chetanram Chaudhary and Jitendra @ Jitu<br />
Nayansingh Gehlot were represented by an amicus curiae in the Supreme<br />
Court. 71 Currently, the mercy petitions fo the two convicts are under<br />
consideration of the Ministry of Home Affairs.<br />
Case 12: Ram Deo Chauhan, Assam<br />
In 1992, Ram Deo Chauhan of Assam was accused of killing four persons of<br />
a family. On conviction, the trial court sentenced him to death in 1998. The<br />
death sentence of Ram Deo Chauhan was confirmed by the Guwahati High<br />
Court and Supreme Court in 1999 and 2000 respectively. Ram Deo Chauhan<br />
was represented by an amicus curiae in the Supreme Court. 72 Appellant<br />
Chauhan’s juvenility at the time of commission of the offences was subject<br />
matter of subsequent litigation before the Supreme Court and the Gawahati<br />
High Court. Vide judgement dated 19 November 2010 in Review Petition<br />
(C) No.1378 OF 2009 in Writ Petition (C) No.457 OF 2005, a Supreme<br />
Court Bench comprising Justice Ashok Kumar Ganguly and Justice Aftab<br />
Alam observed as under:<br />
“11. The appeal from the High Court judgment was<br />
dismissed by a Bench of this Court, comprising K.T.<br />
Thomas and R.P. Sethi, JJ, on 31.7.2000 and death sentence<br />
was upheld. In that judgment, this court did not advert to<br />
the question of age of the petitioner as it was possibly not<br />
argued.”<br />
Vide this judgement the Supreme Court among others, restored the order of<br />
the Governor dated 28.1.2002 passed under Article 161 of the Constitution<br />
commuting the death penalty of Chauhan. 73<br />
71. Narayan Chetanram Chaudhary & Anr. Vs. State of Maharashtra Criminal Appeal Nos. 25 and 26 of<br />
2000, Supreme Court of India, 5.9.2000<br />
72. Ram Deo Chauhan @ Raj Nath Chauhan Vs. State of Assam: AIR2000SC2679<br />
73. Judgement dated 19 November 2010 of the Supreme Court in Review Petition (C) No.1378 OF 2009<br />
in Writ Petition (C) No.457 OF 2005Remdeo Chauhan @ Rajnath Chauhan Vs. Bani Kant Das & Others<br />
13
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