The Supreme Court of Mauritius has annulled the four-year prison sentence imposed on Rajmohun Lutchmun for the fatal assault of his brother Beejendra in 2013. The court ruled in favor of the defense arguments, stating that the lower court erred in rejecting the claim of self-defense. This case dates back to November 28, 2013, when Beejendra Lutchmun died from cranio-cerebral injuries sustained during an altercation with his brother.
According to the initial investigation, Rajmohun Lutchmun, his wife Rajwanti, and their son Rajiv were arrested for the murder after the victim's wife testified against them. During police questioning, Rajmohun Lutchmun explained that his brother had arrived at his residence with an iron bar, threatening to kill him. He claimed that he had defended himself by taking the bar and inflicting blows on his brother. Rajmohun Lutchmun also stated that his brother had previously attacked him, resulting in hospitalization.
The lower court had found Rajmohun Lutchmun guilty of causing death without intention to kill and sentenced him to four years in prison. The court rejected his self-defense claim, citing that the victim had not inflicted any blows on the accused before being attacked. Rajwanti and Rajiv Lutchmun were acquitted due to lack of evidence. However, the Supreme Court has now ruled that the lower court misdirected itself on a material issue.
The Supreme Court judge, Véronique Kwok Yin Siong Yen, stated that it is not a prerequisite for a person facing an imminent attack to wait for the first blow before reacting. The judge concluded that the lower court failed to consider the immediate and real threat faced by Rajmohun Lutchmun and that he had to react in response to the sudden altercation.
The Supreme Court's decision to overturn Rajmohun Lutchmun's conviction was based on several grounds, including the lower court's failure to consider the accused's claim of self-defense. The court also noted that the accused had to react quickly to the sudden attack and did not have time to measure his response.
The case has garnered significant attention in Mauritius, with many following the developments. The Supreme Court's ruling has been seen as an important clarification on the law regarding self-defense.
The Supreme Court's decision has brought closure to Rajmohun Lutchmun, who had maintained his innocence throughout the trial. His lawyers, Rama Valayden, Imitabh Sharma Bandhu, and A. S. Kasory-Bandhu, had argued that the lower court had made a grave error in its judgment.
Key points
- The Supreme Court of Mauritius has overturned a four-year prison sentence given to Rajmohun Lutchmun for the fatal assault of his brother Beejendra in 2013.
