Who killed Sushant Singh Rajput?

How to conceal a murder?

Murder speaks for itself. There is nothing more vocal then a murder. Human body talks even after death. Liver tells time of death. Muscles tell time of death through rigor motis. Injury marks on body and bones also tell one or more stories. But there must be somebody to read that story.The question of nature of injury on the neck has been picked up by the media and is actively discussed on TV but why Mumbai Police is not doing anything about it?

The crime investigation in India is governed by a law which is more than hundred years old. In every other country a matter of death is subject to investigation by a coroner who is the specialist in forensic medicine and also specialist in human body and it’s possible cause of extinguishment. In India every death is subject to investigation by a magistrate who can seek help of a forensic expert though the magistrate himself has bare little knowledge of forensic medicine. Both systems have its own flaws and advantages but let us focus on Magisterial Inquiry.

In case of Sushant the Mumbai Police filed ADR or ‘Accidental Death Report”. The report is part of it’s daily journal of activities and a copy of it’s extract is sent to (Judicial) magistrate. The law and procedure is obsolete now it should be in a transparent computer data base but that has not happened. After getting the report the Judicial Magistrate is free to apply mind and direct the police to act in a certain manner. But unfortunately they ‘never’ apply mind. Reports just pile up and filed. The lethargy and insensitivity of system is so appalling that it can not be put in words.

Magisterial Inquiry

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Beware of monster serial killer(s) or psychopaths involved in Delhi bus rape!

Who is a psychopath or serial killer?

Serial killer Joey Henderson attempts to murde...

Serial killer Joey Henderson attempts to murder Tania Jeffries. (Photo credit: Wikipedia)

An anti social behavior in which the aggressor not only sexually violates the victim but also torture or mutilate the victim; which may extend to killing and is seemingly unconcerned or not compassionate about the pain or suffering of the victim. In some cases the pain or killing may cause arousal or satisfaction to the aggressor. They are also called as “intra-species predators”.

Position of Police in India about psychopaths

Police in India has always been very clever enough. It never allowed the press to label such psychopathic crimes as such. For if a criminal is shown to be acting involuntary, on the basis of some unknown mental force, he may plead insanity and get away from his due. The last such example was gruesome murders in Noida, another suburb of Delhi. The accused are convicted and shall suffer the sentence. following conclusion drawn from a study, of psychopaths is apt description:

The offenders in this study displayed aggressive and antisocial behaviors during their childhood which escalated and took on elements of sexual sadism in adulthood. There was also a style and pattern to their killings which involved domination, control, humiliation and sadistic sexual violence. The murders were committed without the least sense of guilt or shame and the killers displayed a total lack of remorse. The victims were chosen at random and the murders carried out in almost an obsessive manner.

A Psychopathic crime in Delhi and insensitive police

The Bus which helped the nightmare of rape.

The Bus which helped the nightmare of rape, (Image credit Indiatimes.com)

The horrific incident which took place two days ago at New Delhi is too painful to be graphically narrated here except for necessary facts. A school bus with 4-6 predators presenting itself as point to point private bus (called chartered bus) offered to give ride to two young friends, one male and other female at about 9.00 PM. Once inside they were beaten and stripped. Male was thrown at one secluded spot. The female, assaulted, tortured raped and thrown out half dead, an hour later. Crying girl got help after much delay. Police took hours to understand that matter can no be hushed. I hope that those delaying the first-aid to bleeding victim, shall be held accountable. The most horrific part is that these predator-rapist(s) inserted an iron rod in birth canal (pl. understand what I mean) and pierced right upto large intestine. Unbelievable.

Forensic inspection of bus.

Forensic inspection with leather boots on. (image credit indiatimes.com

This is no rape as it is perceived. It is a clear signature mark or pattern of killing in a most painful way. It is a surprise that victim is still alive. These actions are the identification of a psychopathic killer. Police in India seriously lack forensic or deductive skills but often rise to occasion. The crime scenes are compromised, most of the time. We may only hope they may not goof up this time especially in collecting the DNA evidence from crime scene to nail the accused.

It appears to me that the past history of these accused persons and their past encounters with women must be investigated by Delhi Police to find out if they or any one of them is a psychopath with trail of offenses or budding serial killer.

As regards the victim, no words can ease the pain she is undergoing. She has already underwent five surgical procedures. May God give her courage to face such horrific time and the pain she is undergoing.

© Sandeep Bhalla

PS: This is an article containing details about symptoms of psychopaths/predators:

http://livingamongpredators.over-blog.com/article-35527842.html

The following conclusion from above article is thought provoking:

we need to study the brains and lives of every serial killer and psychopath from birth until death to be sure why they are what they are. One has to believe that it is a mixture of both, since no reasonable person could possibly rule out the importance of any one factor. The most important research is the research that shows that these people can be “redesigned” by a nurturing and caring environment; animal breeders can prove this theory. A person who has a fierce rottweiller that comes from a long line of fighting dogs bred for meanness and ferociousness can turn this dog into a sweet, loveable, lap dog with the right care and nurturing. However, there are extreme cases where the dogs are so mean that they just have to be euthanized. For the most part, however, the right environment can change the animal’s behavior completely. It would seem that the same reality would apply to people, and research shows that it does. In my opinion, it is not realistic to think that all of the psychopaths and serial killers in the world can be saved, but if we can catch the signs early in childhood, we may have a chance. Even though their brains may have abnormalities, we can certainly try to change their environments to redirect their development.

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Importance of Motive for murder

The fundamental principle of Anglo-Saxon law is that even if thousands of guilty people escape, no innocent person should be punished. The insistence on the “proof beyond reasonable doubt” is the fall out of this principle. It is for this reason the proof of motive is insisted upon. However in this era of codified/defined offences, in the face of direct evidence, many a time motive takes back seat and convictions are made even if the prosecution is not able to prove the motive. See:

It is an admitted fact that Abdulas (A-2) caused spear blow in the vital part of Nisar Ahmad, which resulted in his instantaneous death. The nature of the injury caused by the weapon used on the vital part of the body, be it noted against an unarmed person negates any just plea for right to self defence. Here we have to point out that it is very well established by a catena of cases of this Court that when the occurrence was spoken to by eye-witness and the same was supported by Medical Report, it will not be necessary to investigate the motive behind such commission of offence. In other words, where a murderous assault has been established by clear ocular evidence, motive pales into insignificance as rightly found by the High Court. [(Baitullah vs State Of U.P, AIR 1997 SC 3946, 1997 (2) ALD Cri 666, 1997 (3) CTC 223 (on 17 October, 1997)]

In yet another case of clear direct evidence it was observed:

The evidence in the present case is so clear to show that these four persons committed the murder of the eight boys that we think it unnecessary to speculate about the motive which induced them to murder the eight boys who had done no harm. Whether it was sadistic pleasure or the fear of discovery of robbory, or anything else, the fact remains proved by overwhelming evidence that these four did actually commit the murder of the eight innocent boys. [Nand Kumar & Others vs State Of Rajasthan on 3 May, 1962]

In another case of Delhi High court refused to convict the accused, without any proof of motive, where the ocular evidence or the version of eyewitnesses was contradictory inter se as well as with medical evidence. (See Parmersh Kumar vs. State Crl. Appeal No 52 of 1993 decided on 06.03.2009followed in Jawahar vs. State, Crl Appeal No. 338 of 1997)

It appears that in case of circumstantial evidence insistence of proof is invariable rule and absence of proof of motive is rare exception.

Some More material: Tarseem Kumar versus Delhi Administration (1994 (Suppl. 3) SCC 367), Jamna and Others versus State of U.P. (1994 (Suppl. 1) SCC 185) and Kuriakose and Another versus State of Kerala (1994 (Suppl. 1) SCC 602).

 

Temporary Insanity

Death Sentence

Conviction for murder of wife, three minor children and two neighbors. Question is about Death Sentence. Defence of temporary psychotic disorder was not accepted by court due to manner of commission of crime which disclosed premeditation and absence of any immediate provocation:

It has been clearly revealed from the evidences adduced in the case that the appellant was in his house with his wife, mother and three minor children. There is no evidence that there was any altercation between the husband and wife either immediately or shortly before the commission of murder of wife and three innocent minor children of the appellant. From the evidence it clearly transpires that the appellant in a cool and calculated manner wanted to kill the wife and three minor children while they were asleep and had no occasions to give any resistance whatsoever. It is also revealed from the evidence that he was fully determined to commit the crime of murder and was conscious of the nature of the crime being committed by him. Precisely for the said reason, when his mother wanted to prevent him from committing such heinous crime he even did not spare his mother and also injured her with the axe in an attempt to kill her also. There is no evidence that the appellant was found in a confused state of mind. On the contrary, it transpires from the evidence that he silently went to the neighbour’s house and attempted to kill Smt. Galal who was also asleep. It appears to us that in a cool and calculated manner the appellant wanted to kill Smt. Galal who being asleep was not capable of giving any resistance. It is also quite apparent that the appellant being conscious of the enormity of the crime committed by him, wanted to flee away from the place of occurrence and when the poor old man Gulabji came on his way and enquired as to what had happened, he immediately hacked Gulabji to death in an extremely brutal manner and thereafter fled away from the place of occurrence and tried to hide himself. Such facts, in our view, clearly indicate that the appellant committed all the said heinous crimes in a conscious state of mind and in a calculated manner. Hence, case of temporary psychic disorder  cannot be accepted in the facts and circumstances of the case.
In our view, in the facts of the case, it has been very clearly established that the appellant has committed one of the most heinous crimes by killing his poor wife who was in advanced stage of pregnancy and three minor children for no fault on their part. The appellant had a solemn duty to protect them and to maintain them but he has betrayed the trust reposed on him in a very cruel and calculated manner without any provocation whatsoever. The appellant did not even spare his mother who very rightly tried to prevent him from committing such unpardonable crime. The appellant also attacked his mother with the axe which he had used to kill his wife and minor children and caused injuries on her person with an intention to kill her. The brutality and cruelty with which the crimes have been perpetrated cannot but shock the conscience of the society. After killing the wife and three minor children and injuring the mother he did not become remorseful and desist from committing any further crime. But like a blood thirsty demon, in a cool and calculated manner he went to one of the neighbour’s house and attempted to kill the wife of the neighbour while she was asleep and as such utterly helpless to give any resistance. When in his attempt to flee away from the place of occurrence, the poor old Gulabji came on his way, the appellant did not hesitate to kill him in extremely brutal manner before the eyes of his wife. All the said heinous crimes were committed without any provocation. The appellant was not even remorseful after the said incident of successive five murders and attempt to kill two others including the appellant’s mother. The appellant did not go to see the ailing mother injured by him and did not also attend the funeral of his wife and even his three innocent minor children. The crimes had been committed with utmost cruelty and brutality without any provocation, in a calculated manner. It is the nature and gravity of the crime but not the criminal, which are germane for consideration of appropriate punishment in a criminal trial. The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the criminal and victim belong. The punishment to be awarded for a crime must not be irrelevant but it should conform to end be consistent with the atrocity and brutality with which the crime has been perpetrated, the enormity of the crime warranting public abhorrence and it should respond to the society’s cry for justice against the criminal. In our view, if for such heinous crimes the most deterrent punishment for wanton and brutal murders is not given, the case of deterrent punishment will lose its relevance. We, therefore, do not find any justification to commute the death penalty to imprisonment for life.

Full Judgement:  [Ravji @ Ram Chandra vs State Of Rajasthan, 1996 AIR SC 787, 1996 SCC (2) 175 (on 5 December, 1995)]

Hyam v. Director of Public Prosecutions

Mens rea, Motive or Intent.

Citation. 1 All E.R. 41 (H.L. 1974).

Brief Fact Summary: Defendant was convicted of murder for deliberately setting fire to a house which resulted in the death of two occupants. Defendant argues he lacked the requisite intent for murder.

Ratio: The fact that Defendant was not certain who, if anyone, was present in the house was irrelevant when he undertook actions that could cause grievous bodily harm.

Explanation: Defendant’s actions had to rise to a level where grievous bodily harm would endanger life. The Court found that to redefine the statute was the legislature’s responsibility and not the courts. However, based on the common law in place and statutory scheme, the court ruled that the Defendant’s conviction would stand

Facts: The Defendant set fire to a house by pouring about half a gallon of gasoline through a letter box of the house and lighting it on fire. Four people were asleep in the house. Two made it out, two young girls died in the fire. The jury was instructed that the intent to do grievous bodily harm was sufficient to convict for murder. The Defendant was convicted of two counts of murder. The Defendant appealed, arguing that he did not foresee the deaths of the individuals and the crime of murder required an intent to endanger an individual’s life, not just an intent to do grievous bodily harm.

Held: Malice aforethought is defined as an intent to cause the death of, or grievous bodily harm to, a person, whether such person is actually killed or not.

If for example, an individual set a bomb to go off at a certain time in a public street, he intends to injure someone. The fact that he was not certain that anyone would be around at the time the bomb went off is irrelevant, the fact is that he intended to cause some sort of injury which is sufficient.

In the case at bar, it was apparent to the court that setting fire to a dwelling during the early morning when individual were likely to be present was sufficient to demonstrate an intent to do grievous bodily harm.