Home / Crime and Justice / Murder Charge Reduced: Three Minutes Too Short for Premeditation
Murder Charge Reduced: Three Minutes Too Short for Premeditation
20 Feb
Summary
- Court found three minutes insufficient for premeditated murder.
- Weapons were common household items, not considered inherently murderous.
- Convicts already served 14 years, leading to their potential release.
In a significant ruling, the Calcutta High Court reclassified a murder charge to culpable homicide not amounting to murder for three men convicted 14 years ago. The division bench concluded that a three-minute gap between the convicts leaving and returning with weapons was insufficient for premeditated intent.
The incident stemmed from a 2011 family meeting concerning the care of elderly parents. An argument escalated, leading three brothers and a nephew to attack two other brothers with common household implements, including a 'bhojali', 'hasua', and a rod. The convicts were initially sentenced to life imprisonment by a lower court in 2012.
The High Court noted that the weapons were typical of rural households and not inherently "murderous." The court also considered the nature of the injuries and the post-mortem findings, suggesting the victim might have survived with timely medical attention.
Given that the convicts had already served 14 years, the court ordered their release, provided they were not facing other charges. This decision highlights the court's nuanced approach to intent and premeditation in criminal cases.
