February 22, 2014

Murders in Jhuggies of Poorest of poor - Drunk conditions - they deserve lesser punishments

The poorest of poor live in hell like Jhuggies. Many of them return drunk late at night in their Jhuggies .

Some brawls daily takes place. Someone in some jhuggi daily gets murdered in such drunkard brawls.

The poor-drunk finds himself next day in police lock up.

Then he finds himself charged with murder.

Then he finds that court has appointed a legal aid lawyer to fight his case.

Then he finds that he is convicted under 302 and is sent to life Imprisionment.

After 3 or 4 years, he wakes up again and thinks about filing appeal in High Court.

Then he finds that he has no money to engage lawyer to file appeal.

Sad stories.

A person who is drunk is carried away. He cannot have any sober intention to murder as required under 302.

Most of such cases fall under 304 part II and deserve less than 10 years jail.

The cases of such drunk-poor, should be judged with ground realities in mind.

Haresh Raichura
1220