New Delhi: A 23-year-old youth has been sentenced to 10 years in jail for beating to death a man who was having illicit relations with his mother, by a Delhi court which held that he "lost his self-control" and committed the crime due to "sudden and grave provocation".
Additional Sessions Judge Rajesh Kumar Goel held Naveen guilty of killing one Anil Kumar in 2009 and convicted him for the offence of culpable homicide not amounting to murder under section 304 (part 1) of IPC.
The court also convicted his mother, Sunita, for helping him get rid of Kumar's body and sentenced her to three years rigorous imprisonment under section 201 (destruction of evidence) of IPC.
The court, which accepted the contention of the prosecution that Naveen had seen Kumar with his mother in a compromising position, said, "It becomes abundantly clear that Naveen was driven to the crime which was not premeditated.
"The occasion had sprung up at the moment, gradually leading to the point when he lost his self-control, and due to grave and sudden provocation, he inflicted injuries on Kumar.
This court is of the opinion that the offence made out against the accused Naveen is under section 304(I) and 201 of IPC and against Sunita under section 201 of the IPC," the court said, while diluting the charge of murder against Naveen.
While sentencing the mother-son duo, the court also said that their conduct after committing the crime was of prime consideration.
"It has come on record that after committing the crime, both the convicts threw his dead body into the Badli Canal and family members of the deceased were kept uninformed and in the dark," it said.
The court made a recommendation to the North District Service Legal Authority to award appropriate compensation to the family members Kumar under the Delhi Victim Compensation Scheme.
According to the prosecution, on August 20, 2009, a head constable had spotted a jute bag containing the body of Kumar lying in a canal. On the statement of Kumar's wife, who claimed that her husband was having illegitimate relation with Sunita, the duo was arrested five days later.
As per the police, on the evening of August 18, 2009, Kumar was at Sunita's residence when Naveen beat him up.
It had said that Sunita helped her son in getting rid of Kumar's body by wrapping it in a jute bag and throwing it in a canal near Rohini here. The court noted that the entire case was based on circumstantial evidence and relied on the testimony of one Raghubir Singh, Kumar's father-in-law's friend, who was the last person to see him with Sunita and Naveen before the incident, saying, "This incriminating circumstance is against accused persons which corroborate the story of prosecution."
It also relied on the postmortem report and testimonies of other prosecution witnesses, including tenants (living in the same building as the convicts), who had deposed that Sunita and Naveen had sought their help in taking Kumar to hospital where he was declared as brought dead.
According to the police, Kumar's wife had said that her husband had gone for work on August 18, 2009, and did not return home. At the instance of his wife and the call detail records of Kumar's cell phone, the two were arrested.
Naveen had sought leniency from the court on the ground that the incident occurred due to sudden and grave provocation and he had no intention to kill Kumar.