A Take on Indian Murder Trials
Introduction
With zero percentage judicial background, as an emerging law aspirant like me and even common men in country are quite attracted by the murder trials of our society. People criticise our judicial system basically on this type of trials and the method in which these trials have been tackled instead of being solved.
Well, as far as we see in our country there are some murder trials which have been classified as famous and other trials goes unadressable to the common man.We have to understand the basic fact that this classification has been made by so called journalists and not by the judicial system at any cost. Usually the prosecution takes place in this manner: Bench hears both the party considers the evidence (both circumstantial and eye witnesses) interprets them applies the applicable law in the views of both the party and delivers the appropriate judgement irrespective of time.
Here are some murder trials which are considered now as a bench mark judgements in India; which each and every law aspirants must be having knowledge of the facts prescribed in the charge sheet and the interpretation of professional judges.
1. Madras murder case (1920)
This is one of the most spectacular cases I have ever read; judged in 1920, before the enactment of Indian Constitution. If you get a chance to read the judgement of this case keep your fingers crossed that you will be carried away by those fabulous pleads. The most outstanding factor to be noted in this case is that the jurisdiction has been transferred from Madras to Bombay High Court under section 527 of Criminal Procedure Code.
Mr. Da la Haye was the principal of school of boys in Madras, has been killed by cold blooded boys of the school in October 15-16 1919 mid-night while he was asleep in his bed room at school premises. According to the facts Kadambur was the accused and he pleaded not guilty and the trial started. The next main factor to be noted is the motive of this murder. But in this case the motive remained unsound which created a black spot in the investigation report of the police. Chief justice, while summarising the facts pointed out the statement by the experts that when a pistol is thrown from 40-50 feet height it must have some scratches on it; moreover the 5 cartridges were found all together by the side of the recovered pistol at the site , which will be scattered when thrown through the window at a particular height but the pistol produced before the court does not flash any scar marks and declared as untrustworthy evidence.
Accordingly, accused has been acquitted on the basis of unsound motive and untrustworthy evidence.
2. Navarasu Murder Case (2002)
Rather than calling this case as a typical murder case, this predicates a silent lesson to be learnt “Ragging not only thrills, but also kills”
The deceased Navarasu was a first year medical student and has been tortured by a senior student who belongs to the same college of the deceased John David (accused).In this case the accused has used his skill in a very talented manner to hide the evidence and escape from the eyes of law. Accused severed the deceased’s head and packed in a rexine bag with the gold ornaments of the deceased and sacked the same in canal near his hostel premises. Accused also mercilessly severed the torso of deceased body into parts and carried away in a brief case and left in a local bus. He burnt the blood strained clothes in the terrace of his hostel. This case has been totally driven by circumstantial evidences as there were no eye witnesses for any material facts.
The Sessions Court, Cuddalore pronounced its judgement the accused with capital punishment. On an appeal in Madras High Court the honourable court reversed the order relying upon Section 302,384,201 and 342 of The Indian Penal Code. On a further appeal in the Honourable Supreme Court of India bench consisting of Justice Dalveer Bhandari and Justice Dr.Mukundakam Sharma overruled the judgement; appeal has been upheld and the bail bond of the respondent has been cancelled.
3. Priyadharshini Motto’s Rape and Murder Case (2010)
The appellant was a lawyer and son of a police officer. The deceased was studying in the same law college where the appellant graduated. He was harassing the deceased for the before two years of her death. Meanwhile several complaints have been lodged against the appellant by the deceased in the local police station. Appellant also filed a complaint in the university that the deceased was per suing M.Com from some other university which is not permitted by the grants of this university.
As per CBI charge sheet filed, on the disputed date deceased was alone in her home and the appellant has entered the deceased home and the rape cum murder has been staged.
There are several circumstantial and witness evidence submitted before the honourable court and the justice has been served by reducing sentence to life imprisonment as there are some loop holes in the circumstantial evidence which are still in question.
It is to be noted in this case that Delhi High Court reversed the acquittal judgement by the trial court on the grounds of misreading of facts.
4. Aarushi-Hemraj double murder case (2008)
This is a cruel murder case of 14 year old girl in her own home-own room; which was then held in the honourable Supreme Court the parents of the deceased Mr & Mrs Talwar were involved in this gruesome murder. One Hemraj was the servant at their home and he too was found dead in the terrace of the deceased home.CBI charge sheet in this case formed the basic platform for the judgement. This case is regarded as one of the pillar for CBI’s success path.
The main fact put to question in this case was that whether the deceased has been raped before murder or not. This question arose when the charge sheet read as a “liquid present in bed spread near the pelvic area but there are no such substance in the under wear of the deceased”.
Conclusion
This heading may sound funny in the analysis of murder cases! There are a lot more cases which proved the judicial powers in spite of the crucial circumstances and evidences.
About the Author
Soundararajan.R is a 1st Year student at Symbiosis International University [SLS-NOIDA].
e-mail:nellai94@gmail.com
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