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'Won't Be Called Coward': Judge Behind 23 Death Sentences In 4 Months

Although all 11 prosecution witnesses turned hostile during the trial, the UP court convicted the accused based on the woman's dying declaration.

'Won't Be Called Coward': Judge Behind 23 Death Sentences In 4 Months
Muzaffarnagar Additional District and Sessions Judge Ravi Kumar Diwakar

He would "rather die than be called a coward judge", declared Muzaffarnagar Additional District and Sessions Judge Ravi Kumar Diwakar from Uttar Pradesh after pronouncing his 23rd capital punishment in the last four months.

In his latest judgment, awarding the death penalty to a man who burnt his wife over dowry demands, the fast-track judge asserted that he would not discharge his judicial duties "under pressure from mafias, gangsters or criminals".

In the case decided on Monday, Diwakar's court convicted the man, Nadeem, under Sections 302 and 504 of the Indian Penal Code and imposed a fine of Rs 1 lakh, according to government counsel Kuldeep Kumar.

The case related to Nadeem allegedly setting ablaze his wife Shehzadi (23) in Shahpur town on July 23, 2018, over dowry demands.

Shehzadi was taken to Delhi's Safdarjung Hospital in a serious condition, where she later died. In her statement recorded before her death, Shehzadi alleged that Nadeem set her on fire, the government counsel said.

Although all 11 prosecution witnesses turned hostile during the trial, the court convicted Nadeem based on Shehzadi's dying declaration, he said.

Describing the killing as "extremely brutal and barbaric", the court held that the offence fell within the "rarest of rare" category, warranting capital punishment.

With this judgment, Diwakar's court has awarded the death penalty to 23 people in 11 cases over the past four months, the government counsel said. However, cases involving the death penalty are subject to further judicial processes and the right to appeal.

"I would rather die than be called a coward judge," he said, adding that he would continue in service as long as he could follow his principles, and would resign if he could not.

The judge also noted in his verdict that as long as he occupies the judicial chair, the authority to make decisions rests with him. This remark is being viewed as a reflection of his commitment to judicial duty and his principles.

The judge also stated that he had been receiving threats from mafias and criminals, and alleged that about 100 serious cases had been withdrawn from his court, allegedly to benefit mafias and criminals.

Earlier in August, around 100 murder cases pending before Diwakar were transferred to the court of District and Sessions Judge Virendra Kumar Singh through an administrative order.

The transfer of cases came amid apprehensions among lawyers and litigants over the possibility of the fast-track court awarding capital punishment, District Bar Association president Pramod Tyagi had said.

(With inputs from Monu Singh)

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