New Delhi, Oct. 9: Neelam Katara's long struggle to send the killers of her son to the gallows came to naught today as the Supreme Court refused to award the death penalty to Vikas Yadav, son of former Union minister D.P. Yadav, and two others for the murder of Nitish Katara.

The son of an IAS officer, Nitish was killed for being in love with Bharti Yadav, the sister of Vikas, in 2002. The murder was committed after Vikas and the duo spotted Nitish and Bharti dancing together at a party.

By soldiering on, Nitish's mother Neelam had emerged as a symbol of crusade for justice at a time growing public resentment against rich and influential law-breakers and callous law-enforcement was beginning to make its presence felt. She still has the option of filing a review petition but rulings are rarely overturned.

A bench of Justices J.S. Khehar and R. Banumathi had earlier upheld the conviction of Vikas Yadav, his cousin Vishal Yadav and an accomplice Sukhdev Pehalwan.

But the top court rejected the plea for death penalty on the ground that the murder was neither a case of the "honour killing" nor did it fall in "heinous" category that warranted capital punishment.

"They cannot be condoned, but it (the offence) is not so heinous and abhorring that warrants death. We can't take it to be a case of honour killing. It doesn't seem like that.

"If she (Bharti Yadav) had gone to give an invitation for her own sister's wedding... if it is so, then it would not be a honour killing. Could she have invited him (Nitish Katara) for her own sister's wedding? It means the family was reconciled to the situation.

"It was just a murder. A murder planned. Every murder is planned, except for a few committed in the heat of the moment. The two families also knew that they were into a relationship," the bench told senior counsel Harish Salve.

Salve was appearing for Neelam, who had sought the death penalty for the convicts on the ground that they killed her son and burnt the body partially.

On February 6, Delhi High Court had convicted the trio for the murder and awarded them 30 years' imprisonment. On August 17, after upholding the conviction, the apex court had reserved its verdict on the quantum of punishment.

Two cross appeals against the high court were filed in the apex court regarding the quantum of punishment. While the convicts had sought reduction of the 30 years' rigorous imprisonment on the ground that they had already served 16 years, Neelam had appealed for the death penalty.

The appeal filed by Neelam was dismissed today. The other appeal filed by the convicts seeking reduction of sentence would be heard at a later date.

Neelam, a retired schoolteacher, later expressed disappointment but added that she respected the court's decision.

"I am disappointed. I respect the court for its views. But the comment that it is not a honour killing is a complete surprise for me," she told The Telegraph.

Her husband Nishit Katara had died of illness in 2003, 14 months after the couple's son was murdered.

"Although I have sought death sentence for them, nothing will be able to take away the pain and loss of my child. But I believe in justice, and punishment should be deterrent," Neelam said.

Asked whether she would file a review petition, Neelam said she would file a counter to the plea made by the convicts to reduce their sentence.