The petitioner's exceptional military service, according to the court, only strengthened his capacity to choke the victim.
An army commando found guilty of dowry death under Section 304B of the Indian Penal Code was ordered by the Supreme Court on Tuesday to appear before the authorities within two weeks.
His request for an exemption from surrendering while his appeal was pending was denied by a bench of Justices Ujjal Bhuyan and K Vinod Chandran. They also dismissed his claim that he had participated in Operation Sindoor, the most recent military operation against Pakistan.
In his representation of the petitioner, Senior Advocate Vikram Chaudhri aimed to highlight the petitioner's military experience.
“I am involved in Operation Sindoor. I have been assigned to the Rashtriya Rifles for the past 20 years as a Black Cat Commando," he stated.
The bench gave a sharp reply.
"You are not exempt from committing atrocities at home because of it. This demonstrates your physical prowess and the way in which you could have strangled your wife on your own," the Court noted.
The petitioner, who was found guilty of his wife's death, had filed a special leave petition (SLP), which the court was considering. The High Court had affirmed his sentence of ten years of harsh imprisonment.
The Court began by voicing its disapproval of the accusations made in the record as well as the prayer asking for a release from surrender. It said that this kind of protection was only available for offenses with less severe penalties.
This is gory. The way that you strangled your spouse. The bench stated that surrendering is not required in situations when the punishment is six months, a year, etc.
Chaudhri argued that Section 304B, not Section 302 (murder), applied to the charge. He went on to say that two of the witnesses were closely related to the dead and that the only accusation was a demand for a motorcycle.
“I can prove that it is wildly inconsistent,” Chaudhri argued.
The Court stated that although it would not examine the plea for protection from surrender, it could think about sending notice on the appeal.
We are able to give notice on the SLP. However, don't ask us to excuse you from giving up," the bench said.
A temporary reprieve was then granted by the court.
"We will publish a notice regarding the SLP. The panel ruled, "We reject the prayer for a reprieve from surrendering."
The Court gave Chaudhri a brief extension when he requested more time to surrender, citing the petitioner's current posting.
"All right. The petitioner was given two weeks to surrender, the bench ordered.
Chaudhri asked for another week.
"No, two weeks. The Court refused to further extend the deadline and declared, "Operation Sindoor is no longer in existence."
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