Some categories of Murders (Not Yet Defined in Our Laws) where murder is justified and lesser punishment is desirable
Criminal laws used by Our courts are very very old. The world has rapidly changed. Murders happen for minor reasons. Encounters of criminals who can never be tried in courts, against whom no one is willing to lodge complaints, have become necessary. In some cases where even police officer who records complaint gets murdered by high and mighty criminals. Encounters are often considered a demand of time by even state authority.
A CASE IN IMMEDIATE MEMORY
A case came. Client had taken two persons in a flat in a remote area and had killed both of them, one by one. Two courts below had sentenced him to jail for life term.
Client came for appeal. What he said was something like this. He was chief engineer in some govt department. He had approved certain contract worth some millions. The Chairman had his own rule to demand 2% Commission from Chief Govt Engineers who approve any big contracts of government. The goons of Chairman started pressurising him for 2 % commission. They threatened him to death if he does not pay up.
The engineer took them to one flat in remote area on pretext that money is kept in that flat. Than there he killed both henchmen.
Nothing of this kind of story was pleaded in courts below. Because to tell a true story is easy. To prove a true story in court of law is very difficult. To prove a story against a very big political man on Govt Post is almost impossible.
So what emerged from the record was nothing but cold blooded murders of two innocent persons. The fact that these two persons were mercenaries had not came on record. Nor such case stated by accused in his defence statement.
The courts below were justified in convicting him. Supreme Court was justified in dismissing his appeal and review petition. They go by records of case. Not by stories told by clients to their lawyers.
But I still think that the man deserved lesser punishment.
But there is no such category in law like "murder under pressurised circumstances" etc etc.
Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura
Posted first on :8/12/13
