A planned homicide cum surreptitious disposal by three minors; A case report

Abstract

Background: Culpable homicide requires knowledge or intention of causing death or injuries that are likely to cause death. A programmed course of action to commit a homicide and then secretly dispose of the body reveals the planned nature and the intention of the perpetrator. Homicides by minors are relatively rare, while well-planned attempts to kill and dispose are even rarer. Forensic psychiatry and criminal psychology play pivotal roles in such cases in estimating criminal responsibility and framing the offender profile. Case study: A 17-year-old boy in a probation home killed a 48-year-old watchman while asleep by smothering with a pillow and then cutting his neck four times. With two 14-year-old accomplices, he then tied the body to the mattress and tried to steal a three-wheeler to transport the body to be dumped into a crocodile-infested marsh. With failed attempts, he then planned to dump the body into a well. A school dropout and coming from a disturbed family, he had extremely violent and ruthless behavior with minimal sense of guilt. Once, he had killed the dog and impaled the dismembered head of the dog on a stick of the owner's fence. He had battered her until she sustained fractures and dislocation in her hand. Instead of fear and guilt at the JMO's office, he was boasting about 'teaching the watcher a good lesson' for not allowing him to loot away from the premises at odd night hours. Conclusion: When attaching criminal responsibility, it should be considered whether the offender was unable to appreciate the nature, quality, and the wrongfulness of the act, due to defect of reason following disease of mind as per Section-77 of the Penal Code as well as Mc. Naughton's rules. The authors also wish to discuss the recently-amended sections in the Penal Code regarding criminal responsibility of minors.