MURDER TRIALS IN INDIA

(R. REBECCA PERCY,  SCHOOL OF EXCELLENCE IN LAW, CHENNAI)

 INTRODUCTION:

Various studies have proven that the expansion of murder existed from the time God created humans. According to the holy scripture (Bible), the first murder took place between Cain and Abel, who were the sons of Adam and Eve. Abel was a God-fearing man, and he rendered one of his best lambs as a burnt offering, whereas Cain offered the last of his grains after harvest as a burnt offering. Since God did not devour Cain’s burnt offering, he became jealous of Abel and killed him. This was the first crime committed on Earth.

According to various reports, human aptness is to kill, and around 40% of the mammals on Earth were using lethal weapons to survive. Approximately 2% of the deaths of humans are caused by other fellow humans. Now we have both good and bad news in our hands. The good part is that we live in a safer world free from living in tribal or gang territory. It is wrong in another way because we passed through the darkest hours and have reached another new type of danger where people kill people in a brutal way and torture humans like a beast. 

Sections 299 and 300 of the Indian Penal Code,1860 deals with the concept of murder. Culpable homicide does not mean murder, but all murder leads to culpable homicide. The term homicide is derived from two Latin words, Homo means “man” and Cide means “I cut”. Thus homicide means killing a man by a man which is punishable under law. 

MEANING OF MURDER:

Section 300 of the IPC defines murder-

  1. If the act is committed with a determination to cause death.
  2. The action is done with a target of creating a bodily injury that can cause death. 
  3. The person who does that act with full knowledge that his actions will cause death or bodily injury but continues the act is said to commit murder.[1]

LANDMARK AND SENSATIONAL MURDER CASES IN INDIA:

We all are fond of reading murder mysteries, but have we ever felt the pain behind those unimpeachable people who have undergone such violent tortures. Certain cases give us a thunderbolt of life, and we pray for the accused persons to get death sentences. Six sensational and shocking murders that happened in India are as follows.

  1. Aarushi – Hemraj double murder case[2]

The 2008 double murder case of a teenage girl residing in Noida and her maid, shocked the whole world. Aarushi was murdered in her abode, and the servant Hemraj was suspected to be the malefactor, but later his body was found on top of the porch. The girl’s parents were arrested whom everyone thought as the suspect. Scuttlebutt was that the parents would have made honor killing as the 14-year-old girl was having some attachment with the servant, but the court ordered them to be set free as they did not commit the crime. Till date, the investigation is going on.

      2. Jessica Lall murder case

Venod Sharma, the erstwhile union minister, had a son named Manu Sharma, who killed Jessica Lal on April 29, 1999, because she refused to serve him liquor. Sharma was acquitted in 2006, stating that the eye witness had amnesia, but due to the massive outcry of people and various other organizations, the matter was taken by the Delhi High Court, and after a complete investigation, they convicted Sharma for the murder committed. At present, he is undergoing life imprisonment. 

       3. Neeraj Grover murder case

Neeraj Grover’s body was cut into pieces and loaded in three bags and was burnt in the forest. Maria Susairaj, a Kannada actress, lodged a complaint about her missing friend who left her house on May 7, 2008. Later on, it was discovered that even Maria was knotty in the murder as her fiancée Emile Jerome in a fit of rage, killed Neeraj as he thought they both were having a relationship with each other. He went to a mall and purchased the chopper, and with Maria’s help, he disposed of the body. But Jerome has been convicted for culpable homicide not amounting to murder, whereas Maria was not sentenced, as only she was guilty of destroying the evidence.

      4. Priyadharshini Mattoo case[3]

Priyadharshini, a law student, was found dead on January 23, 1996, at her uncle’s quarters. During the investigation, it was brought into notice that the son of an IPS officer, Santhosh Kumar Singh, has been stalking and harassing her for years and so he was suspected. Later on, it was proved to be true that Santhosh had strangled her neck with an electric wire and had splintered her face with his helmet several times to make her face unidentifiable. The Delhi High Court gave a death sentence that was converted into life imprisonment by the Supreme Court.

       5.Pramod Mahajan murder case

Pramod, a BJP politician, was killed in broad daylight at his residence by his brother Pravin. After Pramod died, his brother calmly went to the police station and instigated himself and stated that he killed his brother. During the investigation, it came to light when Pravin complained about his brother saying he treated him as a pet dog. The court ordered life imprisonment for Pravin, but later in March 2010, he died due to brain hemorrhage. 

        6.Sharath murder case

A 19-year-old son of an income tax officer was kidnapped and killed in Bangalore. The boy’s body was found near Ramohalli lake, which was on the outskirts of Bangalore. The kidnappers had strangled his neck and had thrown away his body on the same day when they kidnapped Sharath. After the investigation, it came into light that Sharath’s close friend was the main mastermind behind this kidnap. He wanted to clear off his loan, so they killed him.

CONCLUSION:

It is indeed very terrifying to live every day among corrupted and brutish humans around the world. Every day approximately around 10,000 people are murdered by other persons. In this fast-moving world and with the advancement of technologies people’s minds are becoming more narrow and cruel. In today’s world, “survival of the fittest” rule is applied where many humans kill other humans for their survival and resources. Everywhere there is pride, jealousy, hatred, and other emotions spread worldwide. Like the holy scriptures of various religious states, it is a sin to commit murder. God has not given the power to any person in this world to kill another fellow being. Thus, due to the advancement of technologies, the crime rate has also increased drastically. May each of us show humanity and courtesy towards each other to reduce the crime rates. Stringent punishment must also be enforced for those committing a grave crime.

REFERENCES-

  1. http://www.blog.ipleaders.in.
  2. 2013 (82) ACC 303.
  3. (2010) 9 SCC 747.

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