HC modifies conviction of Mexican national from murder to culpable homicide not amounting to murder

The Madurai Bench of the Madras High Court has modified the conviction imposed by a trial court in Madurai on Mexican national Martin Montrique Mansoor for causing the death of his ex-girlfriend and compatriot Cecile Denise Acosta from murder to culpable homicide not amounting to murder.

The court was hearing an appeal preferred by Martin Montrique Mansoor against the judgment of the Mahila Court in Madurai. The trial court sentenced him to life imprisonment for murder.

The Mexican nationals Mansoor and Acosta had been partners since 2003. They had a daughter. At the time of the incident in 2012, Mansoor was pursuing a post-doctoral research in Mathematics at Kalasalingam University in Krishnankoil in Virudhunagar district. Acosta was learning Mohiniyattam at Kerala Kalamandalam in Thrissur.

The couple had quarrelled over the custody of their daughter and it was said that following an argument, she was assaulted and grievously injured. Consequently, she died. In order to conceal the body, Mansoor wrapped it in a travel bag, took it in his car and burnt it with the bag in Austinpatti in Madurai district. Following a complaint by Austinpatti Village Administrative Officer, a case was registered.

A Division Bench of Justices C.V. Karthikeyan and R. Poornima observed that there must have been a sustained quarrel over the custody of the child leading to an act of violence on the spur of the moment. There was no pre-planning. The death must have been a shock to the accused also.

The court set aside the conviction under Section 302 of IPC (murder) and instead convicted the accused for the offence punishable under Section 304 (Part II) of IPC (culpable homicide not amounting to murder). The court confirmed the conviction under Section 201 of IPC (causing disappearance of evidence of offence). He was sentenced to undergo rigorous imprisonment for four years.

Published - November 01, 2024 09:27 pm IST