This statement is from Rajasthan Police. The video which is mentioned in this statement is of the brutal murder of Tailor Kanhaiya Lal of Udaipur. On the afternoon of June 28, people named Riyaz and Gaus arrived on the pretext of sewing clothes and slit Kanhaiya Lal's throat. Also made a video of the brutal murder and later took responsibility for the murder. At present, Riyaz and Gaus are in the custody of Rajasthan Police. Rajasthan minister Pratap Singh Khachariyawas has said that he should be hanged in four days.
How is the 'rarest of rare' determined?
There is no definition of the rarest of rare cases, but in cases in which murder is premeditated, brutal, and merciless without giving any opportunity to the victim and the heinous nature of the crime is seen, that offense comes under the category of rarest of rare.
Dainik Bhaskar spoke to Supreme Court lawyer Virag Gupta to understand the rarest of rare cases. Explaining this, Virag said, 'In India, there is a provision for life imprisonment or death sentence in murder cases, but the rarest of the rare category has been made for the death penalty.'
Virag said, 'The most important thing in criminology is the men's rea. It is a legal term, which shows the intention of a person to commit a crime. To understand it in simple language, then a person deliberately murders with a criminal mindset, which means that the person was fully aware of his crime.
Why are the killers of Udaipur sure to be hanged?
Virag Gupta says, 'The murder of Taylor Kanhaiya Lal in Udaipur comes in the rarest of rare cases, because the accused first threatened, then brutally murdered, made a video of the murder and posted it on social media. This shows that this massacre was carried out with a deliberate criminal mindset. Apart from this, the incident has caused a major blow to the social fabric. People are shocked by this barbaric killing, that is why it is the rarest of rare.
The killers of the Udaipur incident can also be given a death sentence because this incident is considered a terrorist incident. The government is considering it a terrorist incident and that is why its investigation has been handed over to the NIA. According to reports, intelligence agencies are seeing it as 'Islamic terrorism.
Virag says, "Even if the lower court hangs them at the earliest after a fast track trial is run in this case, even then the matter will go to the High Court for consideration. In such a situation, it is difficult to hang him immediately.
Investigation handed over to NIA, killers also have a connection with ISIS
The Union Home Ministry has swung into action in the brutal murder of Kanhaiya Lal in Udaipur and has entrusted the investigation of the matter to the NIA. On June 29, Home Minister Amit Shah's office tweeted and informed us that the NIA has been asked to investigate the entire matter. Any organization and international role, in this case, will also be thoroughly investigated.
Its strings are linked to the dreaded terrorist organization ISIS. One of the accused involved in the incident was in contact with Mujeeb Abbasi on at least three occasions in 2021, who was recently revealed to have links with ISIS. For this reason, the Anti-Terror Law Unlawful Activities Prevention Act (UAPA) has also been imposed against these killers. If found guilty under UAPA, there is a provision for the death penalty.
In 1980, the Supreme Court gave the rarest of rare principle
Virag said that for the first time the principle of rarest of rare offense was introduced by the Supreme Court in 1980 in the case of Bachchan Singh vs. Punjab Government. When should the death penalty be given? Regarding this, the Supreme Court, during the hearing of the case of Bachchan Singh vs the State of Punjab, had said, 'The death penalty should be given when the collective conscience of the society is so shocked that it can be sentenced to death by the court irrespective of their individual opinion. Expect to go.
In the case of the death penalty, the crime has to be seen from multiple angles. Such as the manner of committing the murder, the motive for the murder, the anti-social or socially abhorrent nature of the crime, and the horrors and personality of the victim of the murder. The death penalty is awarded in cases where the Court considers that the sentence of life imprisonment is insufficient because of the facts and circumstances of the case.
According to reports, things like the method of killing (throat slit) and posting its video on social media, are pointing toward the links of the killers to the terrorist organization ISIS. One of the killers is said to be in contact with ISIS. NIA will also find out this connection in its investigation.
Kanhaiya Lal's wife said- 'killers should be hanged immediately'
Kanhaiya Lal was cremated on Wednesday in Udaipur. Kanhaiya Lal's wife, who was broken by her husband's murder, said that the killers should be hanged immediately. If these people stay alive, they will kill many more people.
Udaipur Taylor Massacre: What Happened So Far?
On the afternoon of June 28, Kanhaiyalal was working as a tailor at his shop in the Dhanmondi area of Udaipur. Then suddenly Mohammad Riyaz and Mohammad Ghaus arrived on the pretext of getting clothes stitched and when Kanhaiyalal was taking measurements of one of them, the other attacked him with a big knife, and Kanhaiyalal was beheaded in broad daylight.
The killers also made a video of this brutal murder and posted it on social media and claimed responsibility for the murder and called it an act of revenge for insulting Islam. Not only this, but he also issued threats to Prime Minister Narendra Modi.
The state government has announced a compensation of Rs 31 lakh for the next of kin of the victim as well as providing jobs to two members of the family.
Following this incident, because of the communal tension spread in Udaipur and other parts of the state, the Rajasthan government has imposed Section-144 in the entire state for a month and internet services have been suspended.
A few weeks ago, Kanhaiyalal was arrested in connection with a social media post supporting Suspended BJP spokesperson Nupur Sharma for his remarks on Mohammad Saheb. However, Kanhaiyalal had claimed that this post was made by his 8-year-old son, which was later deleted as well.
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