Homicide
Querist :
Anonymous
(Querist) 05 September 2024
This query is : Resolved
My maternal uncle Ravi Ganguly, approx. 45-year-old man, has owned a grocery store in our locality for over 20 years. Recently, a new shop opened nearby, , which caused competition between the two. Over time, their rivalry grew, leading to arguments and tensions which was many a times witnessed by the customers present there . Both of them accused each other of trying to steal customers and spread bad rumors about their businesses. One evening, after a heated argument over a shared advertisement, Ravi hit the other owner in anger. He fell and hit his head on a sharp object. He was taken to the hospital but died the next day. Ravi claims it was an accident and that the owner had provoked him by insulting him during the fight. However, the police have charged Ravi with murder because witnesses said Ravi acted aggressively. Now this could result in the death penalty or life imprisonment. The trial began under the old law, but before a verdict was given, the new laws were introduced.
I am want to know that can his lawyer argue that his case should be reexamined under the new law because my uncle acted in selfdefense and has no criminal history. Can we expect a lighter sentence under BNS. The prosecution, however, insists that Ramesh’s actions fall under the old law and should be punished accordingly.
T. Kalaiselvan, Advocate
(Expert) 05 September 2024
The case began under the previous law hence it will be disposed under the same provisions of law, it cannot be considered under the new law.
