The Bombay High Court has upheld the life sentence for a 36-year-old man from Nashik district, convicted for the murder of his father over a share in the ancestral property.
A division bench of Justices V K Tahilramani and A R Joshi last week dismissed the appeal filed by convict Bhausaheb Sahadu Jakhere, who is currently lodged in Nashik prison.
Jakhere’s mother had turned hostile during the trial and supported the defence, but the High Court held that it could not be construed as the prosecution’s failure to prove its case.
According to the police, on October 2, 2007, there was a quarrel between the convict and his father Sahadu Jakhere. In a fit of rage, Bhausaheb attacked his father with a sickle and beheaded him.
When his mother tried to intervene, he attacked her too. She rushed to her younger son’s house in an injured state.
When she returned with the younger son, she found her husband lying dead in a pool of blood. Bhausaheb was then handed over to the police.
“Considering the material available against the appellant and his silence as to how his father died when apparently he was supposed to explain the situation, in our considered view, it is enough for us not to entertain the present appeal,” said the judges.
The High Court also noted that although the mother had not supported the prosecution’s case in the trial court, it cannot be a mitigating circumstance.
The Bombay High Court has reduced to ten years the life imprisonment sentence awarded to a man for killing his wife by striking a blow on her neck at their home in Nashik nine years ago.
A bench of Justices V K Tahilramani and A R Joshi said the convict Narayan Mahaskar was guilty under 304 IPC part one (culpable homicide not amounting to murder having an intention to cause death) and reduced his sentence to 10 years’ rigorous imprisonment, instead of 302 IPC (murder) under which he was awarded life imprisonment by the lower court.
The bench noted in their recent order that the evidence of witnesses points to a sudden fight between the couple on the day of the incident in which the husband struck a blow on the neck of his wife as a result of which she succumbed to injuries at their rental home.
The court said that only one blow was administered on the neck and no weapon was used in the attack. Looking into the nature of the injury and the circumstances, the judges said they were of the opinion that the convict had intended to cause the death of his wife and, hence, the offence should fall under section 304 of IPC, instead of 302.
According to the prosecution, the couple was staying in a rented house and used to quarrel every day. The incident occurred on the intervening night of September 1-2, 2005.
Their landlady Jijabai Sonawane found the victim dead in the house and reported the matter to the police.
Narayan had absconded and a look out notice was issued against him. He was declared a proclaimed offender.
He was arrested after ten months at the instance of a real estate agent who had helped him in getting the house on rent.
The convict had argued that there was a sudden fight between the two and he had struck a blow in a fit of anger. He took the defence that he had no intention to kill.
However, the prosecution argued that the accused had the intention to kill his wife and he struck very hard on her neck as a result of which she died. The accused had also absconded not for few days but for ten months.