The recent gruesome murder of Merchant Navy officer Saurabh Rajput in Meerut has shocked the nation. His wife, Muskan Rastogi, and her alleged lover, Sahil Shukla, have been accused of brutally killing him, dismembering his body, and attempting to dispose of it in a cement-filled drum. The crime, which came to light after laborers noticed the suspiciously heavy drum, has led to widespread public outrage and demands for the death penalty.
This article explores the legal aspects of the case, including the possible charges against the accused under the Indian Penal Code (IPC) and the judicial process that will follow.
1. Section 302 IPC (Punishment for Murder)
Muskan and Sahil are primarily charged under Section 302 of the Indian Penal Code (IPC), which prescribes the death penalty or life imprisonment for committing murder. Given the brutal nature of the crime, the prosecution is likely to push for the maximum punishment.
2. Section 120B IPC (Criminal Conspiracy)
The involvement of both Muskan and Sahil in planning and executing the murder makes them liable under Section 120B, which deals with criminal conspiracy. This provision applies when two or more individuals agree to commit an illegal act.
3. Section 201 IPC (Causing Disappearance of Evidence)
Muskan and Sahil allegedly tried to conceal the murder by dismembering the body and hiding it in a cement-filled drum. This act falls under Section 201, which penalizes anyone who destroys or conceals evidence of a crime to protect the offender. The punishment varies based on the severity of the offense concealed, and in murder cases, it can extend up to seven years of imprisonment.
4. Section 34 IPC (Acts Done by Several Persons in Furtherance of a Common Intention)
Since both accused individuals allegedly acted together with a shared intent to kill Saurabh, Section 34 of the IPC applies. This provision ensures that even if one person directly committed the murder while the other assisted, both will be equally liable.
5. Section 376 IPC (If Sexual Assault or Domestic Violence is Proven)
While there are no reports yet of sexual assault, if further investigation reveals any sexual abuse or history of domestic violence, additional charges under Section 376 (Rape) or the Protection of Women from Domestic Violence Act, 2005 may be imposed.
6. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – If Drug Use is Confirmed
Saurabh’s father alleged that Muskan was addicted to drugs. If investigations confirm her involvement in drug abuse or illegal substance use, she and Sahil could also face charges under the NDPS Act, 1985.
Judicial Proceedings and Punishment
1. Arrest and Custody
Muskan and Sahil have been arrested and placed in 14-day judicial custody. The police will likely file a charge sheet within 90 days, as required in murder cases.
2. Trial in Sessions Court
Since murder is a serious offense, the case will be tried in a Sessions Court. If the court finds the evidence strong, the accused could face a death sentence or life imprisonment under Section 302 IPC.
3. Death Penalty or Life Imprisonment?
The Supreme Court has laid down guidelines in the Bachan Singh v. State of Punjab (1980) case, stating that the death penalty should only be awarded in the "rarest of rare" cases. Given the brutality of the crime, Saurabh’s family is demanding capital punishment. However, the court will consider factors such as intent, premeditation, and cruelty before deciding.
Public and Family Outcry: Demand for Death Penalty
Saurabh’s mother, Renu Devi, has demanded the death penalty for Muskan and Sahil. Even Muskan’s parents have condemned her actions, calling for strict punishment. The legal system will now decide the fate of the accused based on the investigation and trial proceedings.
Conclusion
The murder of Saurabh Rajput highlights the grave consequences of premeditated crimes and attempts to destroy evidence. Under the Indian legal framework, the accused could face severe punishment, including the death penalty, if found guilty. As the case proceeds in court, justice for Saurabh’s family will depend on the strength of the prosecution’s evidence and judicial discretion.
This case serves as a reminder of the importance of swift and fair justice in heinous crimes and the role of the judiciary in delivering punishment proportionate to the severity of the offense.