VidhiSangh

Supreme Court of India · 04/05/2023

NAGARATHINAM versus STATE THROUGH THE INSPECTOR OF POLICE

[2023] 4 S.C.R. 1124 · 2023 INSC 495

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Summary

The Court maintained a mother’s murder conviction for poisoning her children while attempting to end her own life, finding no applicable exception to Section 300. It nevertheless set aside the State’s refusal of premature release: the refusal rested on an incorrect motive and failed to justify rejecting the favourable committee recommendation, conduct and lengthy incarceration. Release under the applicable government scheme was ordered forthwith unless required in another case.

Issues

  1. Whether the circumstances justified converting murder to culpable homicide not amounting to murder.
  2. Whether refusal of premature release on the stated grounds was sustainable.

Provisions considered

Held

Result

Murder conviction maintained. Refusal of premature release set aside; release under G.O.(Ms) No.64 of 1 February 2018 ordered forthwith unless required in another case. Appeal disposed of.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 1124.