Lawstreet Journal

Karnataka HC Advises Judges Trying Heinous Offences to Administer Caution

Lawstreet Journal 22 Oct 2020 12:17am

Image courtesy: Lawstreet Journal Judiciary Karnataka HC Advises Judges Trying Heinous Offences to Administer Caution

Two Judge Bench of Justice S Sunil Dutt Yadav and Justice P Krishna Bhat while deciding an appeal filed by two brothers challenging their conviction for murder, said "It is difficult to remain uninfluenced by impressions, passions, inclination, predilection, tides, current, events and even what is commonly regarded as 'personal baggage' to which the human mind is a normal habitat." 

The Court has advised judges that while trying the heinous offences they should be more cautious. It also said that "When his moral science is disturbed, he is likely to fail into an error, including in him an instinctive reaction against the dispassionate judicial scrutiny of the facts and law". 

Facts of the case are that the appellant Yankappa Hirekurbur (24) and Hanmant Hirekurbur (26) and their parents were constantly humiliating deceased Laxmi by blaming her that she was not looking good and she did not know to do the household chores. On July 2nd, 2013 at about 4 p.m. the appellant and their parents quarrel with the disease, and when she was beating appellant number 1 directed her to go and cook food for them when she did not do the same Apple ID number one hit her on the back. The accused dragged her and threw her into a well which was in the land being cultivated by them. 

From the judgment dated December 31, 2014, in S.C No. 191/2013, the present appellant was convicted for the offences punishable under Section 302(punishment for murder), 498-A( Cruelty to wife by husband or relative… Continue Reading...

Tagged: Karnataka high court  
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