November 26, 2013

The Problem of Judges when murder has taken place inside a house - Understanding Law

It was a small village.

A woman was found burnt in kitchen.

There were seven family members inside house at that time. It included a very aged grand mother and sister in law who had come for vacation only one day earlier.

The police was told that it was suicide.

Upon investigation, police found that it was a murder.

Seven members in house were arrested and handed over to court for trial of
murder.

The trial court sent all 7 to life imprisonment jail for life. This included aged grand mother and also the sister in law who had came one day earlier.

High Court confirmed sentence. In Supreme Court, on behalf of convicted, we had engaged a top prominent senior advocate to argue case.

Supreme Court dismissed appeal. Review petition was also dismissed.
These people may be somewhere in jail at present.

I have forgotten all other aspects of the case.

The problem of Judges is like this :

How will you get independent eye witnesses when a murder has taken place inside a house?


The police will naturally rely on what other family members said to them. If they are found to be lying, it means they are involved.

And there is Sec.34 IPC about common intention. The Judge can send all the seven to jail. It is not necessary for him to say who did what.

The law here is truly troublesome.

Haresh Raichura
26/11/13