Tamil Nadu - Madurai   

Children turn saviours for grandfather

MADURAI: “The law of love could be best understood and learnt from little children,” said Mahatma Gandhi.

It came true in the case of 10-year-old Rajan and his eight-year-old sister Radhika (names changed) who virtually gave another life to their 68-year-old paternal grandfather convicted for killing his only son.

The children were instrumental in the Madras High Court Bench here commuting the life sentence imposed on their grandfather, by the trial court, to just one year.

Justice Prabha Sridevan and Justice S. Nagamuthu issued an order to release the convict forthwith considering the fact that he had to bring up his grandchildren whose mother also committed suicide pursuant to their father’s death.

“The burden of taking care of the children and educating them would be a daily reminder to the appellant of the tragic consequences of fit of anger.

It is also a punishment of nature.

Hence, we feel that this is a case where justice should be definitely tempered with mercy,” the Judges said and held that the one-year sentence already undergone by the appellant was sufficient.

Moving away from the usual procedures followed by the High Court in criminal appeals, the Judges had summoned the convict and his grandchildren to ascertain their affection towards each other.

They learnt that the convict was educating the children and had also saved money for their future needs in fixed deposits despite earning a paltry sum of Rs.1, 200 per month as a watchman.

His wife was aged and he owned a small mango orchard for his sustenance.

On the merits of the case, the Judges said that the offence committed by the convict would fall only under Section 320 clause 8 (causing grievous hurt endangering life) and not under Section 302 (murder) of the Indian Penal Code as stated by the trial court.

On the fateful day, the deceased went to the convict’s house and demanded his share of property.

There was a scuffle between them in which a spear pierced through the left thigh of the deceased.

“Therefore, there is no premeditation or malice on the part of the appellant…There was a struggle and it is the deceased who was the younger man and therefore, the force with which the blow had fallen on the deceased might not have happened because of the force inflicted by the appellant but only because of the force of the struggle,” the Judges observed.

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