Tuesday, November 06, 2007

Killer Not Murderer says Supremecourt of India


Throwing waste into someone’s place is a “grave and sudden provocation,” and a person who kills such an offender cannot be convicted for murder,the Supreme Court has said. Source

The offense took place at a town in TamilNadu, where a tea stall and a waste paper shop did business next to each other. Muthu worked with the waste paper merchant and used to arrange the articles inside the shop. Shiva, a rag picker, used to come and throw waste paper and rubbish inside the shop. He continued to do so despite being warned several times. Source

Supreme court of India reduced the punishment from Life Imprisonment to 5 years. The argument by SC of India is that Shiva did not kill mutthu intentionally. He did it because muthu harassed him. Supreme court must be right in legal terms. I also agree with their argument that Shiva should get less punishment compared to professional killers. Still 5 year imprisonment is very less punishment according to me.

Lets compare the case of Sanjay Dutt with this. Sanjay Dutt gets 6 years jail for keeping weapon with him. Shiva gets 5 year imprisonment for killing muthu. A guy who has kept weapons with him with which he can kill but have not killed anyone is getting 6 year imprisonment and a guy who has killed a person is getting less punishment ?

Ye baat kuchh hajam nahi hui.

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1 Comments:

At 15 November, 2007 20:26 , Blogger Devil's Advocate said...

I too dint liked sanjay going to jail.. but he was guilty.. somehow he was indulge in that bombay blast even(debatable.. not my saying, i read it in news).. but well well well it was wrong to punish him for mistake which he did 15 years back and that too when the guy has changed to a responsible citizen and works towards the prosperity of human kind.. which is the main motif behind the punishment in any law.

and about this killing thing.. it was like "aa bail mujhe maar" and the guy provoked his to be killer.. and anger makes man do anything.. so decision was lenient.. :)

 

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