SC upholds aggrieved father’s plea,convicts IITian couple

However,the bench said since the couple–both IITians from Bombay–had after assaulting G. Arulmozhi shifted him to hospital and donated blood to save his life,they can be charged under Section 304 Part II(culpable homicide not amounting to murder).

The sessions court in Hyderabad had awarded life imprisonment to the couple for killing G. Arulmozhi with a hammer on April 30,1997.

The prosecution had argued the couple had committed the offence after the deceased tried to outrage Rama’s modesty as they were living in the same flat due to their business relations.

The High Court however,acquitted the couple of the charge,after which the deceased’s father S Ganesan appealed in the apex court.

Upholding the appeal,the apex court said “the High Court did not consider each and every circumstance considered by the trial court pointing to the guilt of the accused.

Rather,the High Court took a sympathetic view and passed a cryptic order without giving sufficient reasons for acquittal,” Justice Chauhan said,writing the judgement.

The apex court rejected the plea of the couple that they were innocent and Arulmozhi was murdered by one of his relatives after a quarrel.

“The defence taken by the accused was contrary to their own case pleaded in the bail application that the deceased tried to molest Rama Raghuraman (A.1) and,therefore,she became wild and lost all control and picked up a hammer lying in the room and caused injuries to the deceased.