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An appeal court in Ajman has revoked the death penalty of a 28-year-old Indian man languishing in jail over a 'premeditated murder' which happened in 2009.
The court reverted the death sentence of Parvinder Singh, a native of Punjab, to 11 years in jail along with blood money of Dh487,500, to be followed by deportation.
Besides, he has to serve a jail term of three months for alcohol consumption.
Advocate Abdul Karim bin Eid, who defended Parvinder in court, said that he could be released after three-and-a-half years, as he has shown good conduct in prison and has already completed a part of his jail term.
The court also ruled the blood money has to be deposited in the court, as the victim is yet to be identified. The money will be handed over to the family of the victim, the day when someone comes up with evidence of his identity.
The Ajman Public Prosecution has charged Parvinder and the other accused, Muhan Singh, with the July 31, 2009, murder.
The court also charged the duo with illegal alcohol trade.
The Ajman Police found the unidentified man's body in the Ajman industrial area at Al Jurf on April 18.
During investigation, the police discovered that Parvinder was involved in a bootlegging case and had beaten up the victim.
He confessed to the crime during interrogation and had even guided the police to the place where the incident happened.
He told the police he helped Muhan in beating up the victim because he sold alcohol in their 'specified' area.
Parvinder said that he held the victim by holding him from the back while Muhan hit him with an alcohol bottle on his head.
When the victim fell to the ground bleeding profusely, they wrapped his head with a piece of cloth and took him in their car to a sandy area in Al Jurf area and fled.
Based on the forensic report which said the victim suffered severe fracture on the skull, leading to death, the prosecution demanded death sentence as per Shariah, and according to Article 1/114 of UAE Penal Code .
On May 28, 2013, the Ajman Court of First Instance sentenced Parvinder to death for premeditated murder, and to three months in jail and a fine of Dh1,000 for procession of alcohol.
The advocate entered an appeal on behalf of Parminder, which was rejected by the Ajman Court of Appeal on September 12, 2013.
The case was then referred to the Supreme Court, which returned the case to the Court of Appeal again on March 9 this year.
Abdul Karim argued that his client did not kill the victim intentionally and there was a lack of evidence in proving it as a premeditated murder.
He urged the criminal court to change the description of charges to murder instead of premeditated murder.
He also said that the accused did not confess to the crime but admitted to possession of alcohol and requested the court to release his client.
He added that the forensic report contradicted the description of the victim and date of incident.
Accordingly, the court cancelled the death sentence imposed on the 28-year-old; and the victim remains unidentified.
amira@khaleejtimes.com
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