23-year-old jailed for 10 years for killing mother’s lover
New Delhi: A 23-year-old youth has been sentenced to 10 years of jail by a Delhi court for beating to death a man who was having illicit relations with his mother.
The court 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 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 dispose the body and sentenced her to three years rigorous imprisonment under section 201 (destruction of evidence) of IPC.
The court accepted prosecution’s contention that Naveen had seen Kumar with his mother in a compromising position that drove him to commit the crime, proving that it 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,” prosecution said.
The court also said that the mother and son’s 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.
The deceased wife had given a police statement saying her husband was having an illicit affair with Sunita after a policeman found the deceased lying in a jute bag near a canal.
The duo was arrested on the basis of this sentence.
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.
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.