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N.K.Assumi (Advocate)     11 June 2010

TRAGEDY OF PUPPY LOVE: PLEASE SHARE YOUR VIEWS.

This is a case of tragedy of puppy love, though not like hindi love story. the boy was aged  20 and the girl was aged 18. they were madly in love but the girl's parents strongly object to their Love affairs. Out of this love they also bore two child a boy and a girl who were with the girls's parents and they did not allow the two to get married not only that the girl's parents do not allow the boy even to come to their house. One fine evening they decided to end their life by hanging themselves to death. There were two rooms and each of them took a rope and hang themselves from a fan. Alas the boy's rope was broken and ghe again tried to hang himself by another rope which also was broken. so the boy came out from his sucide room and entered the room of his beloved to stoped her but was too late by that time. he cut down the rope and tried to restored her life but by that time she was groaning for death, as a result of seeing her painful death he tigthen her throat to ease her death and she died instantly in his hand. Therefter, he was too scared even to hang himself and dumped his beloved wife near the pond of her parents. The boy narrated the story to his father who beat him up and hand him over to the Police. Post mortem was conducted and it became a case of murder under section 302 IPC. According to police and some witness they said that it ia ante mortem hanging and post mortem report is not clear whether it is  a case of Asphyxial death by hanging or throttling. QUESTION is Sucide or Strangulation? According to the accused when I interviewed him today in district Jail he stated that wgen he came out from his Sucide room it was after more than 5 minutes and by that time his wife was almost at the point of death by hanging. Please share your views.



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 13 Replies

Suchitra. S (Advocate)     11 June 2010

Sir, I have my own opinions about boy's version of story. You say they both planned to hang in different rooms and his rope got cut twice. Hard to believe. It is suspicious to believe he has not caused his wife's death. There are every chance of him hanging her to death. If he had loved her, he wouldnt have thrown her body in a pond just like that. Something fishy about the incident.

N.K.Assumi (Advocate)     11 June 2010

Thank you Suchitra, for your responds. Yes, something fishy in this case with a missing link. I have gone through the entire case in minute details and something fishy about this case. Hope the truth will emerged during the trial.Thanks once again.

VENKS (S)     11 June 2010

What baffles me is that, he says, by seeing her painful death he tightened her throat to ease her death.  Under normal circumstances, any person would have taken her to the hospital for treatment.

N.K.Assumi (Advocate)     12 June 2010

Thank you legal help. If you think that he killed her by what he did, was he killing the death or the living?

ari17 (student)     12 June 2010

sir, i may be way out of my league in saying this, but i would like to relate this with the concept of mercy killing. It is sheer out of love that the boy did what he did. why else would he have tried to hang himself twice? just to secure a decent alibi? i relly donot think so.

Suchitra. S (Advocate)     12 June 2010

to accept your logic is difficult, ari17. because, if he wanted both of them to die, then, after getting to know that she is dead, he should alo should have died, come what may, right?

ari17 (student)     12 June 2010

No. technically because thats the thing with mercy killing. he killed her only because she was in extreme pain.
and still, if the guy was not on drugs or anything then it can be very easiely concluded that the guy was shook up with the death of his lover. isnt that how the human mind works? and, im Aritra. and thank you for responding

Anmol Sharma (advocate)     12 June 2010

hi assumi sahab,

execption 5th of ection 300 clearly would have put him in the 304 section .

but as you "she was groaning and to ease her death he stangulated her",

this clearly shows shows his intention as well as knowledge to cause her death.

 

however some deaths caused by stangulation have been reduced from 302 to 304.

rest I am not sure what above learned people are talking about.

 

Please reply, as I want to learn too.

Anmol.


(Guest)

IN CASE YOU ARE DEFENDING THE ACCUSED THEN YOU HAVE TO PREPARE TO DEFEND THE MATTER AS 302 IS APPLICABLE .THE DECEASED WAS ALIVE AND THE ACCUSED INTENTIONALY KILLED HER.HE COULD HAVE TAKEN HER TO THE HOSPITAL .HE HAS DUMPED HER AND LEFT THE PLACE.EVEN THE STORY OF BOTH COMITING SUCIDE IS NOT ACCEPTABLE BECAUSE HIS ROPE WAS FOUND CUT TWICE ,THIS FACT IS DOUBTFUL.

HE MADE HER COMIT SUCIDE AND HE CAME TO FIND OUT WHETHER SHE IS ALIVE .SHE WAS ALIVE STILL HE INTENTIONALY KILLED HER. IT IS A CASE OF MURDER.

IN CASE YOU ARE DEFENDING ACCUSED.THEN  NO EYE WITNESS.,DENY THE FACT THAT HE HELPED HER DIE .AND AS YOU ARE AN EXPERT HELP YOUR SELF .

GOOD LUCK.

THANKS.

N.K.Assumi (Advocate)     13 June 2010

Firstly, taking the human conduct aspect: can a murderer dump his victim's dead body secretly in some place and narrate the whole story to some one only to be arrested by the police? If he is the murderer why he did not keep silent or run away to escape death sentence? Does his confession inspire confidence?

Anmol Sharma (advocate)     13 June 2010

why not? it is not an impossile task to decamp the body and extra judicial confession is admissible in India, moreover he confessed (informed) to his father only not to some stranger.

Also the issue here is muder or culpable homicide not amount to muder only.

what your apprehension is, is of little consequence.

although it is a case based on circumstantial evidence only and prosecution would have to complete the whole chain and not leave anyother opinion but his complicity.

what are the evidences apart from this..

N.K.Assumi (Advocate)     13 June 2010

Thank you very much indeed Mr.Sharma, for your interesting responds. Now, as per his confession, on that very fateful day when his wife came to his sister's house where they usually used to meet, they made love first and started contemplating to commit sucide together. Please note that they were also having two child and they loved each other very much except the strong objection by the deceased parents. Under the circumstances either sucide or a case of strangulation what can be the motive of taking such drastic step?

SANJEEV KUMAR (STUDENT)     13 June 2010

We must inquire  the incidents/main happenings which have happened atleat 1 month before the day of suicide. We must get in touch with boy's father, Girl's mother, Girls sister to more about their relationships. There is something which both were unable to cope with. After death of girl why boy told the story to father who is not having cordial relationship with boy? why first he has not told the death to girls sister/mother since they used to meet at sister house and mother was bearing children? The missing compelling reason for suicide is missing. Once the reason for ending life becomes known only then we can decide whether it is case of suicide/murder. Motive of ending life is the missing link.

sanjeev  


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