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Anil Agrawal (Retired)     09 June 2010

Mitigating circumstances

Dear friends, what are the mitigating circumstances in this case? Age/senior citizen? Since when these two factors started determining the decision?



Sitting Delhi MLA convicted for murder bid, gets 3-year RI


New Delhi: A sitting Congress MLA, his son and two supporters were on Tuesday sentenced by a trial court to three years of rigorous imprisonment for attempting to kill a person following a money dispute nearly seven years ago. The court convicted MLA Dayanand Chandila, who represents Rajouri Garden, his son Megh Raj Chandila and two others, under various penal provisions relating to attempt to murder and house trespass. 
    Within minutes of the judgment being pronounced, the court granted them bail considering the defence’s plea that the MLA, in his late 60s, was a senior citizen and was not a previous convict. The court added
that though the maximum punishment prescribed under section 307 (attempt to murder) of IPC is life imprisonment, the convicts deserved a lenient sentencing as “mitigating circumstances outweighed the aggravating ones’’. 
    The case dates back to December 11, 2003, when an FIR was registered on the complaint of Sudesh Chandela, an alleged political opponent of the convicts. Chandela claimed that the accused had tried to kill him. The victim had loaned Rs 50,000 to Sufi, a resident of a slum cluster. As the borrower absconded, Chandela locked his ‘jhuggi’. This resulted in a conflict with Manoj, one of the accused who had been eying the ‘property’. The dispute became violent on December 11 when the accused, armed with 
swords and wooden sticks, attacked the victim at the instance of the MLA. TNN
 
 
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