Madras High Court Reduces Life Sentence Given To Woman Who Set ablaze Her Minor Daughter

The Madras High Court recently commuted the life sentence awarded to a woman who had been convicted for setting her 13-year-old daughter on fire to 10 years in jail. 

The bench of Justices PN Prakash (since retired) and G Jayachandran held that the woman's conviction for the offence under Section 302 IPC could not sustain and instead, she could be held guilty only under Section 304(1) IPC.

The division bench reasoned that from the facts of the case, it appeared that the incident happened as a result of a quarrel between the mother and the daughter over later's lack of interest in studies and it was only after four months of the incident when the case was altered to one under Section 302 IPC when the daughter succumbed to her burn injuries. 

The order was passed in the criminal appeal moved by the convicted woman against the judgment of the Fast Track Court.  

The facts of the case were that the 13 years old victim was not good in studies. Consequently, her parents admitted her in Government Aided Residential School in Koviplatti. However, only after 8 days the victim escaped from the hostel and returned home at midnight. This triggered a quarrel the next day between the victim and her mother who angrily threw kerosene on the victim and lit her. 

On hearing the deceased hollering, her father, who was fast asleep during the quarrel, woke up and immediately carried the victim to the Government Hospital, Kovilpatti, where she was admitted as an inpatient. As per the Wound Certificate, the victim had suffered 50% burns.

On information to the police, the statement of the victim was recorded, and based on that a case was registered under Section 307 IPC against her mother. One dying declaration of the victim was recorded at that time. 

The victim was given medical treatment for over four months during which she had been discharged and readmitted multiple times as her burns were not healing. Eventually, she succumbed to the injuries. 

As a consequence, the case was altered from one under Section 307 IPC to Section 302 IPC. The Trial Court convicted the mother for the offence under Section 302 IPC and sentenced her to life imprisonment and a fine of Rs.5,000.

The mother, thereafter, challenged her conviction under Section 302 IPC before the high court. The high court considered the question as to whether the mother had the intention to commit the murder of her daughter. Court ruled in negation and, therefore, allowed the appeal. 

Accordingly, high court convicted the mother under Section 304(1) IPC and sentenced her to undergo 10 years of rigorous imprisonment and pay a fine of Rs.5,000.

Case Title: Rajeshwari v. State