Team  SoOLEGAL

DEATH PENALTY COMMUTED BY MADHYA PRADESH HIGH COURT IN A CASE WHEREIN SON MURDERS HIS MOTHER

Team SoOLEGAL 2 Apr 2019 2:39pm

DEATH PENALTY COMMUTED BY MADHYA PRADESH HIGH COURT IN A CASE WHEREIN SON MURDERS HIS MOTHER

Death sentence was commuted to the convict, a son, for killing his mother. The brief facts of the case are that in the afternoon of January 1st, 2017, his mother woke him as it was late afternoon and he had been sleeping till this late. He woke up and started beating her with a stick. When his relatives arrived, he strangulated her by using the force of a spade on her neck. Due to this, the head and body got separated. He dragged her towards the fence and threw the severed head near that.

The Madhya Pradesh High Court bench comprising of Justice Akhil Kumar Srivastava and Justice J.K.Maheshwari commuted his sentence and awarded him life imprisonment. The bench observed:

"Though the offence is of murder by the accused-appellant of his own mother but cannot, in the circumstances, be termed as 'rarest of the rare' case. We feel that the case does not fall within the category of rarest of rare case, therefore, in our view, present is not a case in which extreme penalty of death should be imposed." 

The bench also took note of the deposition of Dr.Ratnesh Kurariya and observed that the convict was not mentally challenged, but rather mentally disturbed and was not healthy as one should be as a normal human being. It was observed that he was mentally defective and the said defect impaired his capacity to appreciate criminality of his conduct. 
"The deceased Jhummak Bai woke up the accused and the appellant-accused out of anger, in the heat of passion, without any pre-meditation assaulted the deceased and prior to assault neither any conspiracy was hatched nor any plan/design was made and the incident occurred suddenly out of impulse."

The court held that this case is not among the rarest of rare cases. The factors looked upon were his young age, capacity for reforming etc.

Tagged: Madhya Pradesh High Court   Death Penalty   Justice Akhil Kumar Srivastava   Justice J.K.Maheshwari  
Did you find this write up useful? YES 0 NO 0
Send
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.