TMI Blog1978 (2) TMI 217X X X X Extracts X X X X X X X X Extracts X X X X ..... for both the accused. Certainly, some persuasive factors, which may militate against the culpability of the accused and the prosecution version of the precise nature of the occurrence, were brought to our notice by counsel who also strongly urged that there were embellishments and improbabilities invalidating the conviction. We have had the advantage of pursuing the extensively spread-out judgment of the High Court, in the light of the critical arguments addressed, but remain unconvinced that there is any serious error which warrants grant of leave. Credibility of testimony, oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny. While it is necessary that proof beyond reasonable doubt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 39 5 could be avoided by preemptive State action, given imagination and intelligence. Had that been done the letlial episode might not have materialised and a young life not been lost. And, on the other side, two boys, if we may say so, are the convicts, one who is 16 years and the other barely 20 years; and yet the attack was induced by a previous murder, rending a family into two feuding branches and leading- to this vengeful murder. And the pity of it is this bleeding explosion was sparked off by a trivial friction caused by turns of irrigation. We refer ,to the observation of the High Court : As is well known and home out by the reported cases the drawing of water by turns is an endless cause of dispute,. If this socioeconomic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in marching two young men into lifelong incarceration. The humanistic aspect of the case may highlight the deplorable plight of the man behind the murderer and the mind behind bars. The fact that he has committed a murder in a fit of anger or prodded by family feud cannot warrant his being further criminalised by a long term of brutalising prison life. These two young men must be redeemed for society because they are after all, men. In this land elevated by the noble example of Valmiki and the humane faith of Ghandiji, anyone with any background has a hopeful future given a therapeutic prison process. The spiritual basis of our constitutional order-and that is the dharma of danda neeti-is human dignity and 'social justice' and not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . And You cannot rehabilitate a man through brutality and disrespect. Regardless of the crime a man may commit, he still is a human being and has feeling. And the main reason most inmates in prison today disrespect their keepers, is because they themselves (the inmates) are disrespected and are not treated like human beings. Does this type of treatment bring about respect and rehabilitation ? No It only instill hostility and causes alienation toward the prison officials from the inmate or inmates involved. If you treat a man like an animal, then you must expect him to act Eke one. For every action, there is a reaction. This is only human nature. And in order for an inmate to act like a human being, you must treat him as such. Treating h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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