Today, On 25th March, The Supreme Court dismissed a petition challenging the early release of former Uttar Pradesh minister Amarmani Tripathi and his wife Madhumani Tripathi. The couple was convicted for the 2003 murder of poet Madhumita Shukla and sentenced to life imprisonment. Their release was granted on account of good conduct and health reasons, sparking legal and public debate. With this decision, the apex court has upheld the government’s order for their remission.
New Delhi: The Supreme Court dismissed a plea challenging the early release of former Uttar Pradesh minister Amarmani Tripathi and his wife Madhumani in connection with the murder of poet Madhumita Shukla.
In 2023, the Uttar Pradesh prisons department ordered the premature release of Tripathi, citing the state’s 2018 remission policy, as the couple had completed 16 years of their sentence.
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A bench comprising Justices Bela M. Trivedi and P.B. Varale advised the poet’s sister, Nidhi Shukla, to approach the relevant high court.
The bench remarked,
“What fundamental right is violated? Sorry,”
The Supreme Court also declined to provide protection to the petitioner and instructed her to consult the trial court. The prisons department justified the release by noting the age and good behavior of the convicts; Amarmani is 66 years old, and Madhumani is 61, according to the official order.
Madhumita, who was pregnant, was shot dead on May 9, 2003, in Paper Mill Colony, Lucknow. Amarmani Tripathi was arrested in September 2003 for the murder, which was allegedly linked to his relationship with the poet.
A Dehradun court sentenced Amarmani and his wife to life imprisonment for the murder in October 2007. This sentence was later upheld by both the Nainital High Court and the Supreme Court. The case was investigated by the CBI.
The legal provisions applicable to this case are primarily from the Indian Penal Code (IPC), 1860 and the Code of Criminal Procedure (CrPC), 1973, as the case involves murder and subsequent legal proceedings.
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1. Primary Legal Provisions Applied
Murder (Section 302, IPC)
- Definition: Section 302 IPC prescribes the punishment for murder, which is either death penalty or life imprisonment, along with a fine.
- Application: The court sentenced Amarmani and his wife to life imprisonment under this section.
Criminal Conspiracy (Section 120B, IPC) (If charged)
- If the accused planned the murder together, they may have been convicted under Section 120B IPC (criminal conspiracy), which prescribes punishment equal to that of the main offense (murder in this case).
2. Investigation by the CBI (Code of Criminal Procedure, 1973)
- Since the case was investigated by the Central Bureau of Investigation (CBI), it would have been transferred under Section 173(8), CrPC, which allows for further investigation by special agencies.
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