April 3, 2012

A Mixed Fruit Juice Glass for those who have become really, really, very BORED with Indian Judicial System.

This article is a Full Glass of Mixed Fruit Juice for those who have become really very BORED with Indian judicial system.

After reading this article, your eyes may show a sudden spark of interest in our legal system. You will forget all our shortcomings. You will also forget about pending arrears of cases.

 You will feel as if you are kindled up with a new sense of energy and interest in law..

This Mixed Fruit Juice Glass is made of A challenge to your intelligence. 


After you have read this small story, you will start looking at our Judicial System with newly discovered interest. 


THE STORY


Recently, we read in newspapers that Supreme Court, released three prisoners who were undergoing imprisonment since 10 years, for a murder which they never committed. The man supposed have been murdered, was actually alive!  


In this case,

A man is sentenced to death for a murder which he never committed.


Trial Court, High Court and Supreme Court refused to believe this man who was repeatedly saying that he was innocent.

President refused mercy petition of this man.

And now, something happened when this man was being hanged in death-cell of jail. 

There was only one family in India, who was accepting job of hangman. The hangman was specially called to   hang this person who was convicted by all courts.

The platform on which this man was being hanged was ten feet high.

When the hangman was trying to place a loop of rope around neck of this man, this man pushed hangman with all his might. The hangman fell down from the 10 feet high platform and died due to multiple fractures in head.

The execution of this man was put off. Now this man was also required to be tried for this second murder of hangman also.

In the meantime, something else happened.


Real murderer who had committed first murder, confessed his crime and gave clean chit to the man who was wrongly sentenced to death.

Supreme Court admitted its mistake, recalled its earlier orders and acquitted this man for the first murder.

But the man was now, standing for trial for killing hangman who was performing his official duty. 


What defence, this man can possibly have. He killed hangman in presence of all jail officers. The fact that he had killed the hangman cannot be denied.

Prosecutor said, though this man was acquitted from first murder in which he was wrongly sentenced to death,..... in this case of killing hangman, he should be sentenced to death, because to kill an official hangman, is a rarest of rare crime requiring death penalty.

Here, we pause. And think. 


What you would have argued if you were appointed as lawyer for this man?


Let us test your argument skills. 


You can put your comments below. Then after a week, I will conclude this story with clean acquittal of this man.


Your arguments should not be on moral grounds. 


The arguments should be under present legal frame work, based on sound principles of criminal law.


This is a challenge to your intelligence.


Haresh Raichura
3/4/2012