After reading this article, your eyes may show a sudden spark of interest in our legal system. You will forget all our shortcomings. You will also forget about pending arrears of cases.
You will feel as if you are kindled up with a new sense of energy and interest in law..
This Mixed Fruit Juice Glass is made of A challenge to your intelligence.
After you have read this small story, you will start looking at our Judicial System with newly discovered interest.
THE STORY
Recently, we read in newspapers that Supreme Court, released three prisoners who were undergoing imprisonment since 10 years, for a murder which they never committed. The man supposed have been murdered, was actually alive!
In this case,
A man is sentenced to death for a murder which he never committed.
Trial Court, High Court and Supreme Court refused to believe this man who was repeatedly saying that he was innocent.
President refused mercy petition of this man.
And now, something happened when this man was being hanged in death-cell of jail.
There was only one family in India, who was accepting job of hangman. The hangman was specially called to hang this person who was convicted by all courts.
The platform on which this man was being hanged was ten feet high.
When the hangman was trying to place a loop of rope around neck of this man, this man pushed hangman with all his might. The hangman fell down from the 10 feet high platform and died due to multiple fractures in head.
The execution of this man was put off. Now this man was also required to be tried for this second murder of hangman also.
In the meantime, something else happened.
Real murderer who had committed first murder, confessed his crime and gave clean chit to the man who was wrongly sentenced to death.
Supreme Court admitted its mistake, recalled its earlier orders and acquitted this man for the first murder.
But the man was now, standing for trial for killing hangman who was performing his official duty.
What defence, this man can possibly have. He killed hangman in presence of all jail officers. The fact that he had killed the hangman cannot be denied.
Prosecutor said, though this man was acquitted from first murder in which he was wrongly sentenced to death,….. in this case of killing hangman, he should be sentenced to death, because to kill an official hangman, is a rarest of rare crime requiring death penalty.
Here, we pause. And think.
What you would have argued if you were appointed as lawyer for this man?
Let us test your argument skills.
You can put your comments below. Then after a week, I will conclude this story with clean acquittal of this man.
Your arguments should not be on moral grounds.
The arguments should be under present legal frame work, based on sound principles of criminal law.
This is a challenge to your intelligence.
Haresh Raichura
3/4/2012
Haresh A. Raichura 
He pushed to Hangman for self defense to protect his own right to live, doing so fine because he was proved to be clean on the 1st murder
I am not a law student but as I know few things can say….1)No innocent should ever be punished however how much time law takes to punish the real criminal.2) This man already was in prison for 10 yrs without any crime..before being hanged if he pushed the hangman….It was his RIGHT TO LIFE!..which he cannot be denied given all circumstances were against him…It was self defence for his own life which no one can take away from him for a crime which he never committed.3) He was brought in this situation by the judiciary and system flaws…Hence no mistake of his in all this.This is my interpretation…You say whats in your mind or what really happened.
If judge asks you to show provisions of law under which your argument is based, what will you say?If Judge asks, what what will be the critera to be laid down? If we accept your argument, tomorrow, every convict will attack hangman and will say that he was doing it in self defence. Judges will say, please give us some criteria which we can lay down !
Reply. Good that not being a law student, you are taking interest.1) Read everything word by word as lawyers do. Read again. The case referred in first para was just an example given to show that errors are possible.2) In the case of This Man, I have not said that he was undergoing in jail since 10 years.3) The lawyers think critically. There is a website called Mission Critical. This site is interactive. If you undergo free interactive lessons here, your thinking abilities will certainly become sharper.Regards,
The hangman died his own death & that the accused had only pushed the hangman not intending to kill him…the accused, i pronounce him not guilty of killing the hangman.Ram Upadhyay.
1.normally the person's hands who got sentenced to death must be tied when he brought up to be hanged in this case if his hands weren't tied then those who untied his hands will be the first accused. if it was tied then hangman's death didn't be happend due to pushing by hands of the person who got sentenced. when he didn't used his hands to push a person down to injure him it will not come under criminal act.
Will Judges accept your arguments? If we hold him guilty of homicide not amounting to murder, even than he may go for 10 Years R.I.? Or do you, he should be punished for "Just Pushing" and causing multiple fractures in skull of deceased? How the judgement of court should read?
This man did prevent Hangman in performing his duty. This is also a punishable offence. Now this has further resulted into death. It is like "Preventing a Public officer from doing his duty by causing his death"Even, then, there are problems. Under which sections and under which law, he can be declared not guilty by Court?
The hangman died after falling off from 10 ft high platform, why did jail authorities made it 10 ft high, why werent there any safeguards, The man push hangman in mere frustration.
The hangman died after falling off from 10 ft high platform, why did jail authorities made it 10 ft high, why werent there any safeguards, The man push hangman in mere frustration.
Dear Sir, I have not really pit my thought into this, but have 2 points to add and ask1. Men's rea – Motive for commission of murder -He intended to push, did he intend to Kill?2. With both hands tied, he pushed the hangman off. As Self defense, to save his life3. Manner of Commission of murder But then the 4th point is MAGNITUDE of crime.. This is where I am unable to argue on acquittal.Wish I get more time and send an apt reply before you post the story next week.Note to others: The platform needs to be that high. That is not negligence on the part of the jail authority.