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PUCL Bulletin,
July 2001
Amnesty International:
Ram Deo Chauhan is facing Execution
Ram Deo Chauhan (alias Raj Nath Chauhan) Ram Deo Chauhan is facing execution,
after the Supreme Court on 10 May dismissed a petition seeking review
of its July 2000 judgement upholding his death sentence. There is strong
evidence that he was 15 at the time of the murder of which he was convicted.
His only hope of escaping the gallows is a mercy petition that has been
lodged with the Governor of Assam and a recent call by the National Human
Rights Commission that his sentence be commuted.
Ram Deo Chauhan (son of Shri Fartu Chauhan, resident of village Mailoo,
District Karbi Anglong, Assam) was convicted and sentenced to death by
a trial court in Assam in March 1998, for the March 1992 murder of four
members of a family he worked for as a domestic servant. The trial court
rejected evidence from a team of medical experts, who examined Ram Deo
Chauhan at the request of the court, that he was a minor at the time of
the murder, arguing that on the basis of oral evidence it was likely that
he was at least 16. In Indian law, persons under 16 may not be sentenced
to death.
Ram Deo Chauhan's death sentence was upheld by the High Court in February
1999. The Supreme Court dismissed a further appeal in July 2000, and commented:
"The awarding of lesser sentence only on the ground of the appellant
being a youth at the time of occurrence cannot be considered as a mitigating
circumstance in view of our findings that the murders committed by him
were most cruel, heinous and dastardly".
The review petition that has now been rejected by the Supreme Court argued
that there was strong evidence that Ram Deo Chauhan was 15 at the time
of the crime, and that his trial and conviction were unsound, because
under the Juvenile Justice Act he should have been tried by a Juvenile
Court. It also presented evidence that he had not had access to competent
legal counsel and that in violation of established law in India, the conviction
and the sentence were pronounced on the same day
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