Murder and the law: India - Revision history

Jyoti: /* Attempt to murder */

2024-03-24T19:23:49Z

‎Attempt to murder

Jyoti: /* Attempt to murder */

2023-09-05T18:48:36Z

‎Attempt to murder

Jyoti at 17:18, 28 July 2023

2023-07-28T17:18:15Z

Jyoti: /* Death threats */

2018-09-17T08:35:44Z

‎Death threats

Jyoti at 16:36, 9 December 2017

2017-12-09T16:36:58Z

Jyoti at 16:34, 9 December 2017

2017-12-09T16:34:31Z

Jyoti: /* Love, Honour and Land */

2017-05-13T13:31:29Z

‎Love, Honour and Land

Pdewan at 06:04, 27 November 2014

2014-11-27T06:04:03Z

Pdewan: /* Murder committed in inebriated condition */

2014-11-27T05:52:53Z

‎Murder committed in inebriated condition

Pdewan: /* Murder committed in inebriated condition */

2014-11-26T17:06:56Z

‎Murder committed in inebriated condition

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 The Trial Court had sentenced him to seven years imprisonment under Section 307 (attempt to murder) of IPC, one month imprisonment under Section 341 (wrongful restraint) and one year imprisonment under Section 504 (insult to provoke).
  The incident dates back to 2010 and the Trial Court convicted Parameshwarappa in 2012. His appeal, filed in 2012, was disposed of by the HC earlier this month.
 [[Category:Crime|MMURDER AND THE LAW: INDIA

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 =Attempt to murder=
 ==Testicles, squeezing of, not attempt to murder==
 [https://indianexpress.com/article/cities/bangalore/squeezing-testicles-attempt-murder-karnataka-hc-8686723/  PTI, June 25, 2023: ''The Indian Express'']
@@ Line 34: / Line 52: @@
 The Trial Court had sentenced him to seven years imprisonment under Section 307 (attempt to murder) of IPC, one month imprisonment under Section 341 (wrongful restraint) and one year imprisonment under Section 504 (insult to provoke).
  The incident dates back to 2010 and the Trial Court convicted Parameshwarappa in 2012. His appeal, filed in 2012, was disposed of by the HC earlier this month.
 =Death threats=

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 |}
-[[Category: India |M]]
-[[Category: Law,Constitution,Judiciary |M]]
-[[Category:Crime |M]]
+=Attempt to murder=
 =Death threats=
 ==Generally no action is taken==
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 “It cannot be said that the accused had any intention of causing the death of the deceased when he committed the act in question. The incident took place out of grave and sudden provocation and hence the accused is entitled to the benefit of section 300 (murder) exception 4 (sudden fight) of the Indian Penal Code.“

← Older revision		Revision as of 08:35, 17 September 2018
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	''Online posts can land one in jail but one can get away with death threats; Examples- 2016-17 ''		''Online posts can land one in jail but one can get away with death threats; Examples- 2016-17 ''
		+
		+	= Gay panic defence=
		+	==Bombay HC accepts gay defence, reduces murder term/ 2018==
		+	[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F08%2F24&entity=Ar02106&sk=3D78E333&mode=text Shibu Thomas, HC accepts ‘gay panic defence’, cuts murder term, August 24, 2018: ''The Times of India'']
		+
		+
		+	Around seven years after a 35-year-old man was arrested for stabbing his friend to death in Mumbai’s Nagpada area, he used the rare “gay panic defence” to get a lighter sentence.
		+
		+	The Bombay HC earlier this month struck down the murder conviction and life imprisonment given to the man, and held him guilty of the lesser charge of culpable homicide not amounting to murder. A division bench of Justices Bhushan Gavai and Sarang Kotwal sentenced him to imprisonment for the term he had already served and ordered his release.
		+
		+	The accused did not contest the fact that he was responsible for the death of his friend, but claimed that he had killed the man as he was forcing him to have “unnatural sex” and had assaulted him. He invoked the “gay panic defence”, a rare legal strategy first used in US courts in the 1960s for a lesser sentence.
		+
		+	“We are of the considered view that the explanation, as given by the (accused), is plausible. If a person is asked to indulge in unnatural sex and assaulted, it is quite probable such a person in heat of passion would assault the person demanding such unnatural act,” said the bench, adding that the accused was entitled to the benefit of doubt. The court noted that the accused had served a prison term of six years and nine months. “We find that the sentence undergone by the (accused) would sub-serve the ends of justice,” the judges said.
		+
		+	The case goes back to November 20, 2011, when a scrap dealer in Nagpada heard cries for help coming from his neighbour, who had a butcher shop. When he opened the door, he found his neighbour lying in a pool of blood and the accused trying to come out. The scrap dealer pushed the accused back into the room, locked it and called other shop owners and police. When they opened the shop, they found the butcher was dead and the accused in an injured condition. A sessions court in 2013 held the accused guilty of murder and sentenced him to life imprisonment.
		+
		+	The accused challenged the verdict in high court. His lawyers Payoshi Roy and Yug Chaudhary claimed that the accused was responsible for the death, but the deceased was compelling him to have unnatural sex. When he refused, the deceased started assaulting him. The accused snatched the weapon and assaulted the deceased “in heat of passion”, the lawyers said, urging for a lesser sentence.
		+
		+	Additional public prosecutor Sultana Sonawane said that the number of stab wounds sustained by the deceased made it was clear the accused intended to cause death. The prosecutor added that the injuries sustained by the accused were self-inflicted. The trial court had held that the accused’s injures appeared self-inflicted, relying on the scrap dealer’s statement. The HC said considering the serious nature of injuries sustained by the accused, they could not have been self-inflicted, and it was not safe to conclude it based on the sole testimony of one witness, the scrap dealer.
		+
		+	The Bombay high court struck down the murder conviction and life imprisonment given to a Mumbai man, and held him guilty of the lesser charge of culpable homicide not amounting to murder

	=Murder committed in inebriated condition=		=Murder committed in inebriated condition=

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 =Death threats=
 ==Generally no action is taken==
-[[File: Online posts can land one in jail but one can get away with death threats, 2016-17.jpg| Online posts can land one in jail but one can get away with death threats, 2016-17  <br/> From [http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F08&entity=Ar01414&sk=F73C1C6D&mode=text December 8, 2017: ''The Times of India'']|frame|500px]]
+[[File: Online posts can land one in jail but one can get away with death threats; Examples- 2016-17 .jpg| Online posts can land one in jail but one can get away with death threats; Examples- 2016-17 <br/> From [http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F08&entity=Ar01414&sk=F73C1C6D&mode=text December 8, 2017: ''The Times of India'']|frame|500px]]
 '''See graphic''':
-''Online posts can land one in jail but one can get away with death threats, 2016-17''
+''Online posts can land one in jail but one can get away with death threats; Examples- 2016-17 ''
 =Murder committed in inebriated condition=

← Older revision		Revision as of 16:34, 9 December 2017
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	[[Category:Crime \|M]]		[[Category:Crime \|M]]

		+	=Death threats=
		+	==Generally no action is taken==
		+	[[File: Online posts can land one in jail but one can get away with death threats, 2016-17.jpg\| Online posts can land one in jail but one can get away with death threats, 2016-17 <br/> From [http://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2017%2F12%2F08&entity=Ar01414&sk=F73C1C6D&mode=text December 8, 2017: ''The Times of India'']\|frame\|500px]]
		+
		+	'''See graphic''':
		+
		+	''Online posts can land one in jail but one can get away with death threats, 2016-17''
		+
	=Murder committed in inebriated condition=		=Murder committed in inebriated condition=

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 Allowing the appeal partly and modifying the sentence, the bench said “a custodial sentence of rigorous imprisonment for a period of 8 years would meet the ends of justice.”
-[[File: Murder14.jpg|Zan, zar, zameen (women, gold, land)? |frame|500px]]
+=Provocation, grave and sudden=
-[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=STATOISTICS-Love-Honour-and-Land-17112014010011 ''The Times of India''] Nov 17 2014
+Death due to “grave and sudden provocation“ could not be termed as a “cruel act“ of murder, the Supreme Court has said while reducing the life term of a man to 10-year-jail term in a homicidal case.
-Personal vendetta, love affairs and property disputes are the leading causes of murders in India. In 2013, the country witnessed more than 30,000 cases of murder and over 3,000 of culpable homicide not amounting to murder (CH).Investigating agencies identified 12 main motives for these crimes, between them accounting for 35% of all murders and CH. It is surprising to note that even in the 21st century, witchcraft is the reason for over a hundred deaths while communal and caste-related clashes have killed another hundred people
+A bench comprising justices A K Sikri and R K Agrawal granted the relief to Punjab resident Surain Singh who had filed an appeal against a 2008 judgment of high court of Punjab & Haryana which had confirmed a 1998 trial court verdict awarding life imprisonment to him.

@@ Line 38: / Line 38: @@
 Allowing the appeal partly and modifying the sentence, the bench said “a custodial sentence of rigorous imprisonment for a period of 8 years would meet the ends of justice.”
-''' Love, Honour and Land '''
+=Love, Honour and Land=
 [[File: Murder14.jpg|Zan, zar, zameen (women, gold, land)? |frame|500px]]