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The Supreme Court on Tuesday reduced to life imprisonment, the death sentence imposed on a man who beheaded his mother and walked away with her severed head as he was enraged over his wife leaving the matrimonial home following a reported tiff with the deceased mother-in-law.
A bench of justices AK Patnaik and Swatanter Kumar felt that since convict Absar Alam, alias Afsar Alam, was an illiterate and committed the offence in fit of rage, the doctrine of “rarest of rare” crime did not apply to the present case in Bihar, warranting capital punishment.
“The appellant was an illiterate rustic and was a cultivator residing in a village with virtually no control over his emotions and has over-reacted impulsively to the situation and has severed the neck of his mother.
“On these facts, the appellant is no doubt guilty of the offence under Section 302 IPC (murder), and has to suffer the punishment of imprisonment for life normally awarded for the offence, but should not be condemned to death,” Justice Patnaik, writing the judgement, said.
According to prosecution, Alam, in the wee hours of February 2, 2007, killed his mother by severing her head and fled from the house with the head of his mother leaving behind the body, as he was upset that his wife Sakerun Nisha left the home after a row with the deceased.
A bench of justices AK Patnaik and Swatanter Kumar felt that since convict Absar Alam, alias Afsar Alam, was an illiterate and committed the offence in fit of rage, the doctrine of “rarest of rare” crime did not apply to the present case in Bihar, warranting capital punishment.
“The appellant was an illiterate rustic and was a cultivator residing in a village with virtually no control over his emotions and has over-reacted impulsively to the situation and has severed the neck of his mother.
“On these facts, the appellant is no doubt guilty of the offence under Section 302 IPC (murder), and has to suffer the punishment of imprisonment for life normally awarded for the offence, but should not be condemned to death,” Justice Patnaik, writing the judgement, said.
According to prosecution, Alam, in the wee hours of February 2, 2007, killed his mother by severing her head and fled from the house with the head of his mother leaving behind the body, as he was upset that his wife Sakerun Nisha left the home after a row with the deceased.
