"Every murder is brutal, so heinousness or brutalities are not indicators. There is nothing to show the execution was carried out in a diabolical manner or something that repulsed the mind," Pasbola told special Tada judge G A Sanap.
Pasobla reiterated that Salem could not be awarded the death penalty as it was against the guarantees in the treaty signed between India and Portugal in 2002. Special public prosecutor Ujjawal Nikam will present his arguments on this aspect on Friday. The quantum of sentence will be pronounced only after all arguments are completed.
Pasbola argued that the object of the criminal conspiracy was to gain property from the Jain brothers and murder was was incidental. Referring to Hasan as just a fringe player, he argued that if the assailants had previously been awarded life imprisonment, then he could not be awarded death. He further pointed out that the accused had been in jail for 10 years and was never an absconding accused.
Nikam had sought seven years' imprisonment for wheelchair-bound V K Jhamb (86), who was convicted only on extortion charges. He is on bail granted on health grounds. Defence advocate Srikant Shivde told the court that even a month's jail would seem like a life term and he, at the most, be sentenced to the nine months already spent in incarceration along with a fine.
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