New Delhi, October 8
The Supreme Court today commuted to life term the death sentence awarded to Sushil Sharma for murdering his wife Naina Sahni in July 1995 and trying to dispose of the body by burning it in a ‘tandoor’ (clay oven) at his restaurant at the then Ashok Yatri Niwas (a budget hotel between Parliament building and the historic Jantar Mantar) of India Tourism Development Corporation. Both of them were office-bearers of the Delhi Youth Congress at that time.

“The murder was the outcome of strained personal relationship. It was not an offence against the society,” a Bench comprising Chief Justice P Sathasivam and Justices Ranjana Prakash Desai and Ranjan Gogoi said explaining the logic behind their judgment.

However, the life sentence “is for the whole of remaining life” of Sharma subject to the remissions that would be granted by the government, the apex court clarified.

The Bench gave several other reasons for commuting the death sentence, including the fact that he had no criminal antecedents and there was no evidence to show that “he is likely to revert to such crimes in future” and as such he could be reformed and rehabilitated.

Evidence showed that he suspected Naina was having an affair with a Congress worker and the murder was the result of his possessiveness. He started weeping on seeing her dead body at the hospital mortuary. “It would be difficult, therefore, to say that he was remorseless.”

Further, medical evidence did not establish that the dead body had been cut before being put into the ‘tandoor’ and there was no recovery of any weapon like chopper. Noting that no member of Naina’s family came forward to depose against Sharma, the Bench said one of the prosecution witnesses had in fact said her brother and his wife had stated that they were under the obligation of Sharma and would not like to depose against him.

“As of today, the appellant has spent more than 10 years in death cell. Undoubtedly, the offence is brutal, but the brutality alone would not justify death sentence in this case. The above mitigating circumstances persuade us to commute the death sentence to life imprisonment,” the SC said in the 147-page verdict, written by Justice Desai for the Bench.

The trial court had sentenced him to death on November 3, 2003, which was confirmed by the Delhi High Court on February 19, 2007. Sharma had come to the SC challenging the HC verdict.

At the time of the crime on July 2-3, 1995, Sharma was the president of the Delhi Youth Congress, while Naina was the general secretary of the girls’ wing of the DYC. The Bench also noted that Sharma was the only son of his “old and infirm” parents, though this fact “may not be strictly relevant” for commuting the death sentence.

* Sushil (pic) suspected his wife Naina of having an affair with a Congress worker

* He murdered Naina on July 2-3, 1995, and then tried to dispose of her body by burning it in a tandoor at his restaurant in Delhi

* The trial court sentenced him to death on Nov 3, 2003

* The sentence was confirmed by the HC on Feb 19, 2007

* Sharma later challenged the HC verdict in the SC