In a recent judgment of Supreme Court, the court ordered the benefit of premature release to be given to a murder convict considering the recommendation of state level committee among other factors, thereby setting aside the order of State rejecting the pre-mature release. The court also refused to change the charge under Section 300 (murder) to Section 304 (causing death by negligence).  The state rejected the 

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Read the details of the judgment below- 

The Supreme Court upheld the order of the State Level Committee for premature release of the Appellant, which has been rejected by the State on the Appellant had administered poison to murder her two sons to continue her illicit relationship without any hinderance, which act was cruel and brutal in nature. The court observed that she had tried to commit suicide herself along with her children not with a view to continue her illicit relationship with her paramour but rather, in disappointment and frustration over the quarrel picked up by her paramour and further held that it cannot be simply bracketed as a ‘cruel and brutal’ offence as the Appellant herself was trying to end her life. 

Facts of the case- 

In this case, the appellant had an affair with one Suresh and suffered instances of threaten. This eventually led her to the decision of committing suicide along with her two children. She bought pesticides meants for plants in pursuance of this decision and administered the same to her children. She could not consumed the same as she was intervened by her niece knocking it off.   However, the children were declared dead. The appellant was convicted by the trial court under Section 302 sentencing her for life imprisonment and fine and under Section 309 of IPC sentencing for imprisonment for 3 months. On an appeal filed in the High court, the appellant was acquitted under Section 309 while upholding the conviction under Section 302 of IPC.