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Man jailed for unintentionally killing same sex partner

Vector illustration of a man lock up in prison

A Delhi court has sentenced a man to seven years imprisonment for unintentionally killing his same sex partner in the heat of passion.

His confession in private to the ‘granthi’ of a Gurudwara came in the way of his defence of being innocent.

The only concession for the convict, who was a good pal of the victim, was the dropping of the murder charge against him which would have either entail death or life sentence.

Additional Sessions Judge Manoj Jain held the man, a native of Uttar Pradesh, guilty of culpable homicide not amounting to murder, saying he and the victim were good friends and used to indulge in sex and there was no enmity or motive to kill his friend.

The court noted that on the night of the incident, after the victim refused to “switch roles” in their sexual act, the enraged man in the heat of passion hit his friend with a stone which led to his death.

“The convict knew the victim before hand. Victim used to visit the house of convict off and on and they both were very close and intimate friends.

“It has come on record that they both used to indulge in unnatural sexual activity and when convict, on the night of the incident, tried to switch roles and tried to become an active partner in such activity, such idea was shunned by the victim which agitated the convict and, therefore, in a heat of passion, he killed him with a stone lying at the spot itself. Naturally, there was no premeditation,” the court said.

According to the prosecution, on the night of April 12, 2013, the victim came to house of the accused and they both consumed liquor and the next morning, the victim was found dead in Bharat Nagar area in north west Delhi.

As per the medical report, there were injuries on the victim’s body indicating an attempt to sodomy.

After the incident came to light, the accused confided in the ‘granthi’ of a Gurudwara that the victim used to sexually exploit him since childhood and when he tried to establish physical relations with the deceased, he started resisting which made him furious and killed him.