But that is the thing, Mitali: They did not show what exactly happened between Bhatti and Kunal when they were together in the abandoned building except the sound of a grunt or two and then a gunshot echo. However, it would seem that Bhatti unjustifiably killed Kunal because:
1) Bhatti shot him in the back. And no matter the circumstances, shooting someone in the back does mean that the victim was unaware of the looming attack and imminent danger to life. So, the subsequent attack Bhatti committed on Kunal with the gun will then necessarily be construed as murder and not self-defense.
2) Moreover, murder necessiates mens rea a.k.a. malice aforethought. However, mens rea is also defined in terms of murder that can be conceinved of "in an instant." While Bhatti can have a lawyer argue that he was under duress (which he was), it would only reduce his sentencing in terms of the verdict of murder. But he would still be considered guilty in the eyes of the law. Essentially, what all this amounts to is that Bhatti does not have a strong case for self-defense.
3) You mentioned that Kunal had a gun and while that might be true, there is no way of determining whether Kunal definitely, absolutely 100% intended to use it. For example, you may go to an ice-cream store to get an ice-cream. But later on, when you enter the shop, you might change your mind because you think on all the calories in the ice-cream which dissuades you from getting that ice-cream. So, nothing can be pre-determined or said for sure until it is actually done. Therefore, in that same way, possessing a gun in itself does not prove Kunal's intention to cause harm or injury. But Bhatti using the gun is an irrefutable fact. The difference between the two scenarios is vast.
4) Disposing of the body was a big mistake on both Akash and Bhatti's part. The fact that they disposed of the body will count against them if the body is later found because that would then prove their actions after the murder were premeditated. This will make the case for self-defense harder to prove.
And while I do feel sorry for Bhatti, I cannot see how what he did can be construed as self-defense under the eyes of the law. And that is why I think Bhatti is guilty. And that is why I think this is such a sad state of affairs.
Originally posted by: mitali_s
hey i dun agree ppl...fine bhatti killed kunal but gatta/pistol was of kunal...he was killed in self defence and the basic thing is bhatti is in all this trouble 4 helping akash wen he went to shruti house....besides jab is pyar ke dangerous mamle mein bhatti ne akash ka saath nahi choda toh its akash duty as a fren to b wid bhatti wen he is in truble as well......i really felt bad 4 bhatti(n kunal) today, he was crying so bitterly...
and wat they did wid dead body was most natural action to do at dat tym...
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