- This topic has 75 replies, 50 voices, and was last updated 1 year, 5 months ago by
.
-
Posts
-
-
UI’m reading about the Kerala case where a woman named Gresshma killed her boyfriend by poisoning him and has now been sentenced to death. Could you help me understand how death penalties work in our country?
I understand that it’s sad and infuriating to read about such cases, but unfortunately, aren’t they relatively common in India? How does the judiciary decide which cases deserve the death penalty?
I recently watched the Netflix series ‘Black Warrant’ and saw the Ranga Billa case, where the accused were found guilty of sexually assaulting and killing a minor, along with her brother. They were also sentenced to death. However, in the past, such punishments were reserved for the ‘rarest of rare’ cases. Unfortunately, such crimes have become more common nowadays.
I’d like to know how a judge decides whether to impose the death penalty on a criminal. What factors made the Kerala case severe enough to warrant this decision?
-
Uyes it was devious & preplanned but a lifer would have been more apt here instead of death penalty. when even sanjay roy wasn’t given death for the brutal rape/murder, i don’t know what reference the judiciary uses.
-
-
NBasically they just do whatever they feel like doing, everyone in this country can be held accountable for their actions except judges. They can make legally questionable judgements that a higher court can quash with no consequences for the errant judge. This hegemony needs to stop.
-
-
UI don’t think she will be executed—perhaps life imprisonment if they appeal in higher courts. But living in constant fear of whether she will or won’t be executed will definitely be hard. That girl doesn’t show an ounce of remorse. Even if she gets out of prison and re integrates into society, who knows if she might do something like this again? I believe the verdict was well-deserved. She could have confessed to her crimes when Sharon (her late boyfriend) was hospitalized. At the very least, they could have tailored his treatment based on the poison she used. But she didn’t, and he suffered 11 days of torment in the hospital, his internal organs slowly rotting away. A truly sad and painful way to die. He suffered terribly.
-
ULet’s not forget the number of men who killed women who didn’t accept their proposal or men killing their girlfriends by chopping their body parts and leaving the body in the fridge. Yet those people didn’t get any death penalty. In fact they might be roaming outside right now finding their next victim. Even they don’t have any remorse. So why didn’t they get any death penalty?
-
-
-
Sthe indian judiciary with all due respect plays a lot to the gallery and get manipulated by popular media a lot, this is reflected in the court going for very strict punishments in cases in public awareness and going by the book or even being soft on gruesome but unknown cases.
-
RRG kar accused gets life imprisonment as not rarest of rare even with media attention and clamour.
-
-
RAgreed and that’s what is happening at present. There are other issues in the judiciary as a whole though.
The real problem is we don’t have proper psychological tests for psychopathy. Personally I feel psychopaths who have acted out (most of the major criminals are psychopaths) need minimum life imprisonment and the rule of rarest of rare for capital punishment can’t apply there. However, nothing much can be done until the soft sciences find stronger processes.
-
-
-
-
UThis verdict is by the session court, if they appeal to HC chances are she may get life imprisonment. The investigation was water tight and as news report from Kerala suggest, she pre planned the murder as she was told as per kundli her first husband needs to die for a better future so she secretly married him in the church. Later she got a proposal from an Army officer who was much more rich and from a higher status. Sharon, was not ready to break off the relationship so she poisoned him with pesticide laced cold drink. But such is fate, he happened to shoot a clip of this cold drinks challenge which she had pushed him into drinking and ultimately the cops smelled a rat in his death by figuring this clip and the modus operandi.
-
UOk, so in India for murder the death penalty is sentenced in only so called the rarest of the rare cases. It is decided of the case can be qualified as a rarest of the rare case on the bases of the manner of commission of murder, motive, nature of the victims etc. According to the Supreme Court, “death sentence would be awarded only, when a when a murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community.”
I dont know the facts on the bases of which the court decided that the Greeshma case qualified for the category for the rarest of the rare cases because I haven’t read the judgement. But on the basis of the info from thr news articles, I think the punishment will be reduced to life imprisonment on appeal.
-
UYes I was wondering the same, turns out the accused didn’t show an ounce of remorse. She also challenged the judiciary in a way by stating that she’s prepared for life sentence and by the time she comes out of the jail she’ll be around 34 so she’s ready to live a happy life after that
-
-
-
-
FLife sentence is life sentence. Usually, after certain number of years they commute the sentence on account of age, good behaviour etc. But that does not mean a person serving a life sentence shall be released after 14 years.
-
-
FNah. They aren’t really. They are used quite interchangeably in common parlance and their meanings might change with change of jurisdiction. Here, in India, BNS and BNSS both use the term ‘imprisonment for life’.
Moreover, had it been the case where you had to serve your life sentence only for 10 or let’s say 14 years, then why would the law have a separate punishment like imprisonment for 10 years.
-
FNah. They aren’t really. They are used quite interchangeably in common parlance and their meanings might change with change of jurisdiction. Here, in India, BNS and BNSS both use the term ‘imprisonment for life’.
Moreover, had it been the case where you had to serve your life sentence only for 10 or let’s say 14 years, then why would the law have a separate punishment like imprisonment for 10 years.
-
FNah. They aren’t really. They are used quite interchangeably in common parlance and their meanings might change with change of jurisdiction. Here, in India, BNS and BNSS both use the term ‘imprisonment for life’.
Moreover, had it been the case where you had to serve your life sentence only for 10 or let’s say 14 years, then why would the law have a separate punishment like imprisonment for 10 years.
-
-
-
-
-
-
-
ENope. Here it means 14 years. But in reality it will be 10 years citing good behaviour, sentence already served etc. since she is a woman it might even be reduced further later
-
-
ESemantics. Life imprisonment is interpreted by courts as long sentence which covers a substantial period of time of the convicts life. Thats how it is said. This 14 years are also subject to be reduced on account of good behaviour etc. pretty lenient towards women though. Where as Imprisonment for life means stay in jail till death. Usually awarded in lieu of death.
-
-
-
-
-
-
-
-
M[https://www.livelaw.in/pdf_upload/stateofkeralavgreeshmaors-582510.pdf](https://www.livelaw.in/pdf_upload/stateofkeralavgreeshmaors-582510.pdf)
Read the order if you’re really interested, goes into sentence from around pg. 520
TL;DR: murder was not only premeditated, but accused made multiple failed attempts before finally succeeding – this shows that even after many attempts there was no remorse; motive was quite horrible as she treated victim as merely obstacle in marriage, while victim was deeply in love
-
-
UBut there was a similar case in Kerala itself – citing from sources – “In May 2020, Uthra, a 25-year-old woman from Kerala, India, died from a cobra bite while recovering at her parents’ home after a previous Russell’s viper bite.Suspicion arose due to the unusual circumstances, leading to the arrest of her husband, Sooraj Kumar.Investigations revealed that Sooraj had orchestrated both snakebite incidents in an attempt to murder Uthra.He had purchased the snakes from a handler named Suresh Kumar, sedated Uthra, and introduced the snakes to bite her while she [slept.In](http://slept.In) October 2021, a Kollam sessions court found Sooraj guilty of murder and sentenced him to 17 years of rigorous imprisonment, followed by two life sentences, and imposed a fine of ₹5 lakh.” Again this was a repeated attempt. Make it make sense.
-
Mhard for me to comment without a look at the order for this one
as to the case I talked about, it wasnt just one/two repeated attempt but many over a long period -
-
-
-
USince there are no explicit guidelines defining what constitutes a “rarest of rare” case, it is left to the discretion of the judge to decide. This discretion is exercised based on the specific circumstances and facts of each case, taking into account factors such as the severity of the crime, the intent and actions, and the overall impact on society as we follow deterrent and reformative theory of punishment. Ultimately the judge’s decision is guided by their interpretation of the law and their understanding of what constitutes an exceptionally heinous and egregious offense.
-
UThe “rarest of the rare” category includes crimes where the murderer, having a close and intimate relationship with the victim, such as a parent or spouse, intentionally plans and commits the killing. This is deemed rare because the murderer had a societal duty to protect the victim but acted in direct opposition to that obligation. This, along with other complexities, defines its exceptional nature.
-
UDeath sentence is very common in India. Most of them does not come in the news. Data : [https://www.project39a.com/annual-statistics-report-2023](https://www.project39a.com/annual-statistics-report-2023)
-
UIt does not come to the media because most of them are not executed. Since independence, only 57 have been executed.
In the past 25 years, only 6 people have been executed. 1 rapist from Bengal, Yakub Menon, Ajmal Kasab, 3 rapists from Nirbhaya case. -
-
-
UAbsolutely.Death penalty was unwarranted.U can see men killing their girlfriends for many reasons on a daily basis in India.Even today,in UP a man killed his girlfriend by hitting her with a car because he didn’t want to marry her.I haven’t seen any man getting any death sentence for killing their boyfriend.Looks like the judge went with the media hype and so called ‘online judges’.
-
UWrote for someone else as well so copying here:
It is actually rarest of rare cases…for this I really wish u read about Paraquat poisoning and read the full judgement
Accused had MULTIPLE ATTEMPTS to kill the victim, and failed yet tried again, and finally succeded, said in court that she wills eventually come out and be free at 38 years so she is happy
Tell me what to make of it, seems like a good decision, she is a monster
And Paraquat poisoning is a very bad way to die and has 0 antidote, it warrants a very strict punishment
-
-
SI think it was a session court which gave the verdict. I’m sure the lawyers will appeal to the High court and it will be changed to life imprisonment.
I wouldn’t be surprised if the judge who passed the judgement gets transferred somewhere. This is not the “rarest of the rare” case and it’s pretty evident. Shit like this happens all the time.
-
UIt is actually rarest of rare cases…for this I really wish u read about Paraquat poisoning and read the full judgement
Accused had MULTIPLE ATTEMPTS to kill the victim, and failed yet tried again, and finally succeded, said in court that she wills eventually come out and be free at 38 years so she is happy
Tell me what to make of it, seems like a good decision, she is a monster
-
UI replied to you in another comment already i suppose. There have been similar “multiple attempts planned murder” in Kerala itself for which there is no death sentence. Explain that too in all your comments please.
-
UCan’t reply on every comment unfortunately, I think u didn’t reply to my others but it’s fine 🙂
Issue not just multiple murders, it’s the method of murder itself
The substance used in poisoning was Paraquat(a herbicide) which is lethal beyond a certain dose
When that dose is reached, the death is 100% certain and no amount of treatment can save the person, as it has NO antidote
The thing is, it not a like a conventional death, where one dies almost instantly, Paraquat is a slow torturing poison
It doesn’t instantly harm a person much, it starts off with mild symptoms of vomiting and general unwell feeling, and most tests will come normal as well…soon by the next day, pateints usually start getting worse as one by one organs start shutting down
Tests begin coming abnormal, kidneys begin to stop, liver begins to fail, and person goes thru all kinds of hellish torture and can feel everything! Doctors can see it all happening in front but can’t do anything to save the pateint
Slowly, blood vomit comes, lungs get damaged, and person can’t breathe, and finally dies a horrible death
This poison is in fact banned in most countries for any use!
As a result it comes under rarest of rare cases as usage of a rare horrible murder method aggravated with multiple attempts with accused showing 0 remorse, hence death penalty making sense, that too for a trivial motivation of murder!
Usually it is seen as an agent for suicides but rarely murder as it not quick enough and accused can get caught easily
-
-
-
-
UI have written this in 2 replies, but as a reply to OP, I will write again
*It is actually rarest of rare cases…for this I really wish u read about Paraquat poisoning and read the full judgement
Accused had MULTIPLE ATTEMPTS to kill the victim, and failed yet tried again, and finally succeded, said in court that she wills eventually come out and be free at 38 years so she is happy
Tell me what to make of it, seems like a good decision, she is a monster
And Paraquat poisoning is a very bad way to die and has 0 antidote, it warrants a very strict punishment*
-
-
-
-
-
-
-
UShe won’t be executed.. life imprisonment with no parole .. I know it’s infuriating.. but yest I watched another judge claim tat pronouncing death is harsh.. she is after all just 23 years old🙄 like really? She killed of a guy who was 23 .. wat was his mistake? This female is beyond evil .. but Indian law is this nonsense .. no wonder no one fears judiciary anymore
-
BFor the record, there have been several instances where women have been given the death penalty, but it has never been carried out in India. No matter how serious the crime is, women get leeway and lesser punishments for the same crimes. The courts decision is right since this was not an emotional crime. It was planned and premeditated, she spend months of research and multiple attempts to succeed. Pretty sure she’ll move forward to a higher court and get the punishment reduced. There’s Suchana Seth, the child murderer, who’s still on bail citing insanity, although all evacuations have confirmed that she was mentally sound. Shabnam Ali who was sentenced to death in 2010 for killing 7 family members is still alive and her sentence isn’t carried out yet. It’s a welcome decision by the justice system, but the execution is much more important than the judgement.
-
-
-
UI think Kerala followed a extremist rule. Although the crime was henious, death sentence is brutal and in this case, completely illegal. The court and the judge should be removed from power.
-
U>death sentence is brutal
So was her poisoning him which led him to die a gruesome death in hospital from multiple organ failure
>in this case, completely illegal
So was killing him
-
UThere are things which can be done, that are worse than death. Death sentence should be reserved for cases like this.
Awarding a death penalty is not something to be taken lightly.
In this case, lifelong imprisonment could have been done.
-
U>There are things which can be done, that are worse than death.
Alright then let me murder your family, there are things worse than death so no death penalty right?
-
UIn that case, I would want to kill you, and probably will, and will also want the court to do the same, but the court should not be expected to do the same.
If the courts award death penalty for death, then, day is not far, when we will demand extremists like stone pelting tondeath, public hanging, skin ripping and so on. There is a reason why death penalty, all across the world (in developed countries at least) are not awarded easily.
-
-
-
-
-
-
-
UIt definitely is because of all the social media attention.
In my opinion, the death penalty should be given to criminals who, if they get out of jail at any point will commit a crime again. Serial killers.
Like Cyanide Jolly!!!Greeshma deserved life long imprisonment. So that she can think about what she had done and realise that she can’t undo it anymore. Wishing that she hadn’t killed Sharon.
She should spend all her youth in jail and understand how horrible she is and that she’ll never have a happy life. Not a simple death.
-
UImagine if she had told Sharon’s brother about which poison she had used
That guy died a excruciating death like 11 days of ultimate torture
She knew after 1 day if the cause is not identified he will die and she just let that happened. She is nothing but a monster. Evil person who is prime example of ultimate greed. Like even in his death bed Sharon didn’t tell her name and yet supported her. She too deserved gruesome death. like slow poison like Sharon suffered
-
-
-
UThe shocking part is Sanjay Roy who destroyed the doctor’s intestines and killed her with her undergoing severe and excruciating pain is given life imprisonment. Her hip bones were broken, her head was bashed, all this and this is his punishment. What greeshma did is nothing compared to this as well as people throwing acid on women and melting their face off. Yet she got death penalty. People just hate women these days and wait for such opportunities. But let me continue to rape and murder women and get bail. I wish someone rapes and murders that judge’s daughter as well.
-
