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.