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
- Whether the circumstances justified converting murder to culpable homicide not amounting to murder.
- Whether refusal of premature release on the stated grounds was sustainable.
Provisions considered
- Sections 299, 300, 302 and 304 Part I, Indian Penal Code, 1860The admitted mental stress and attempted family suicide did not establish an exception to murder on these facts. The cited High Court decisions turned on distinct circumstances; conviction under section 302 was maintained. (¶¶ 10, 11, 12, 13, 14, 15)
Held
- Tremendous mental stress did not itself bring the deliberate poisoning within an exception to section 300. The Court declined to convert the conviction to section 304 Part I; earlier decisions relied upon were factually distinguishable. (¶¶ 10, 11, 12, 13, 14, 15)
- The State’s conclusion that the mother killed her children to continue her relationship was incorrect. She had instead attempted to end her own life with theirs in disappointment and frustration, and her niece prevented her from consuming the pesticide. On this record, the label of a cruel and brutal offence did not justify rejecting the committee’s favourable recommendation, good conduct and long incarceration. (¶¶ 16, 17, 18, 19)
- The order refusing premature release was set aside and the appellant held entitled to the benefit of G.O.(Ms) No.64 dated 1 February 2018. She was directed to be released forthwith unless required in another case. This relief did not alter the murder conviction. (¶¶ 15, 20, 21, 22, 23)
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.