Monday, December 21, 2009

[ZESTCaste] SC gives 25 years to 2 for ‘caste hate’ murder

SC gives 25 years to 2 for 'caste hate' murder


New Delhi

Dec. 20: Taking into account the "caste hatred" by a Brahmin youth and
his two friends from Uttar Pradesh against a lower caste young man
from Kerala who was murdered brutally, the Supreme Court has awarded
them extended harsh life sentence of 25 and 20 years modifying the
death sentence given by the courts below.

Dilip Tiwary, a Brahmin from UP settled in Mumbai, got his neighbour
Prabhu belonging to low Ezhava caste in Kerala, murdered five years
ago after his sister Sushma Tiwary had fallen in love with him and
married him defying caste and inter-state barriers.

"In the peculiar circumstances of this case, mere imprisonment which
is capable of resulting in 14 years of actual term may not be adequate
for these accused persons. We direct that they (Dalip and his friend
Manoj) shall not be released unless they complete 25 years of actual
imprisonment," Justices V.S. Sirpurkar and Deepak Verma ruled.

However, the top court differentiated the position of Dilip's another
friend Sunil from the two because he had not assaulted the helpless
women and other members in Prabhu's family and awarded him 20 years in

A trial court in Mumbail had given death sentence to all of them
considering the "caste hatred" as one of the grounds laid down by the
Supreme Court in its broad guidelines capital punishment in murders
arising out of caste divide.

The Bombay high court had confirmed the death sentence. The apex court
converted the death sentence into extended rigorous life term to the
three accused as they had no criminal past and also considering their
young age as they were merely 20-22 years when they committed the
heinous crime.

Sushma had married Prabhu despite stern warning by her father
Premnarayan Tiwary, mother Tulsi and brother Dalip to stay away from
him because he was from a lower caste and belonged to another state.

But before their liaison both the families had good neighbourly
relations and the murder was a clear case of "caste hatred", the apex
court in its verdict recorded.


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