The High Court of Karnataka has commuted the death penalty for Saibanna Ningappa Natikar, who had murdered his second wife and minor daughter in 1994, to life sentence on the grounds that he was kept in solitary confinement for nearly 10 years without the sanction of law, and for inordinate and unexplained delay in the process of consideration of his mercy petition.
Also, the court said, in view of the fact that the petitioner has undergone imprisonment for more than 30 years, ends of justice would be met if the death sentence awarded to the petitioner is commuted to one of life imprisonment, with liberty to move an application for remission.
A Division Bench comprising Justice G. Narendar and Justice C.M. Poonacha delivered the verdict on August 17 while allowing the petition filed by Saibanna way back on January 21, 2013.
Consider application
While giving liberty to Saibanna to submit an application for remission to the State government, the Bench said that if such an application is made, the government should consider and decide it based on application’s own merits.
The petitioner had questioned the delay caused in the process of rejection of his mercy plea by the President of India in 2013, and for keeping him in illegal solitary confinement.
The Bench said that solitary confinement of Saibanna, who is now 70, from the date of imposition of death penalty by the trial court on January 8, 2003, till rejection of his mercy plea by the President of India on January 4, 2013, is unlawful as per the law declared by the apex court, which had ruled that the convicts facing death penalty can be put in solitary confinement only after rejection of mercy petition.
Also, the Bench found inordinate delay of seven years and eight months, for which no explanation was found in the records, in consideration of his mercy petition by the Governor of Karnataka and the President of India between 2005 and 2013, after the apex court upheld the death sentence in 2005.
Killing of two wives
Saibanna, from Mandwal village of Gulbarga, was initially convicted and sentenced to life in 1993 for murdering his first wife in January 1988 suspecting her fidelity.
He was enlarged on bail in this case in July 1988 and during this period he married Nigamma, daughter of another undertrial prisoner with whom Saibanna came into contact in the prison after his arrest in the case of first wife’s murder. Later, the trial court, in February, 1993, had convicted and sentenced him to life for murdering his first wife.
He was released on parole for a month on August 19, 1994, while servicing life sentence. However, suspecting fidelity of his second wife too, he killed her and a minor daughter on September 13, 1994. The trial court awarded death penalty to him.
The High Court in October 2003 had confirmed the death sentence imposed by the trial court; and the apex court in April 2005 had dismissed Saibanna’s appeal against conviction and death penalty. Following this, Saibanna had filed mercy plea in April, 2005, and the Governor had rejected it in 2007 and later by the President in 2013.
