SOUTH
Former Supreme Court Judge Markandey Katju has criticised the court's judgement on Thursday commuting the death sentence given to Govindachami in the sensational Soumya murder case. He also wanted that the judgement to be reviewed in an open court hearing.
In an exclusive interview, Katju told Asianet News, said that the Supreme Court "erred in law by not holding Govidachami guilty of murder."
Also read: Soumya murder: Govindachami escapes noose
The court dismissed the murder charges against Govindachami, the accused in the Soumya murder case, citing that he had no intention to kill and hence cannot by held guilty of murder. While coming to the conclusion, the court overlooked section 300 IPC, he said. If the crime involved three out of four parts of the definition as per this section, it could be called murder, and only first part of the definition requires the intention to kill, the former Press Council chairman said. " It is regrettable that the Court has not read section 300 carefully. The judgment needs to be reviewed in an open court hearing," Katju explained.
Also read: Soumya murder: Kerala Govt. under fire for 'criminal lapse'
The Supreme Court had on Thursday cancelled the capital punishment awarded to Govindachami in Soumya rape and murder case giving him the benefit of the doubt. The court stated that the prosecution failed to prove murder under Section 302 of the IPC. But the court ratified the life imprisonment given to the accused.
Also read; Fearing attacks, Govindachami wants to be shifted from Kerala jail
The judgement evoked widespread resentment in Kerala and the government decided to seek a review. Kerala Chief Minister termed the verdict as shocking.
Soumya, 23, was attacked on a speeding train near Shoranur in Thrissur and was allegedly thrown out of the train by Govindachami in February 2011. Even after she was grievously injured in the fall, the accused dragged her to bushes near the track and brutally raped her. She succumbed to injuries in a hospital a few days later.