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The prosecution submitted that the man then visited their house, where a neighbour was present with her 2-year-old daughter. The man allegedly poured kerosene on the 17-year-old girl and her mother, during which drops were also splashed on the neighbour and her daughter
The Bombay High Court on Thursday commuted the death sentence of a man who was convicted by the Sessions Court and awarded the death penalty for setting ablaze a woman and her 2-year-old daughter.
A division bench of the high court comprising Justice Revati Mohite Dere and Justice Shyam Chandak was hearing an appeal filed by the man challenging his conviction and the appeal filed by the state government seeking confirmation of the death sentence.
The prosecution alleged that the man flashed his private part to a 17-year-old girl. The girl then complained to her parents, after which a quarrel ensued. During the altercation, the mother and the daughter allegedly called the man a "Hijda" (eunuch).
The prosecution submitted that the man then visited their house, where a neighbour was present with her 2-year-old daughter. The man allegedly poured kerosene on the 17-year-old girl and her mother, during which drops were also splashed on the neighbour and her daughter.
However, the 17-year-old rushed inside to clean the kerosene, and by the time she returned, the man had set her mother and the 2-year-old daughter of the neighbour ablaze. Both the mother and the 2-year-old died from the injuries.
The high court in its order noted that “We find that the accused had come with the intent of killing Amravati and PW1-Roshni and not Kanta and her daughter Angel, however, in the process, both Amravati and Angel sustained injuries and succumbed to the same, and Kanta sustained injuries as stated aforesaid. Thus, the conviction awarded to the accused for causing the death of Amravati and Angel and injury to Kanta needs to be confirmed,” the order reads.
The bench also recorded that it was not the rarest of the rare cases warranting the death penalty of the man.
“We, in the facts, do not find that imposition of death penalty is the only alternative, having regard to the evidence that has come on record and we also do not find that the case falls in the category of ‘rarest of rare cases’ warranting death sentence. Hence, the death sentence awarded to the accused for causing the death of Amravati and Angel requires to be commuted,” the judgement states.
Case title: State of Maharashtra vs Deepak Birbahadur Jath,
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