The Bombay High Court has set aside the life imprisonment awarded to a man by a sessions court for killing his wife by setting her afire, and instead sentenced him to seven years' rigorous imprisonment for the offence of culpable homicide not amounting to murder.
Justices V K Tahilramani and Mridula Bhatkar, on August 12, reduced the sentence as they took into account the circumstances which suggested that the convict had acted in a fit of rage after a quarrel with wife and that the attack was not planned.
The judges noted, "It is a fact that he did not run away from the place but he took his wife to civil hospital for medical treatment and he was there throughout with his mother. These are mitigating circumstances as per Exception 4 of Section 300 of IPC and we are inclined to give the benefit of this exception to the appellant".
"We hold the appellant guilty for culpable homicide of his wife Smita. He is held guilty under section 304 Part II of IPC. The sentence of life imprisonment is set aside and we sentence him to suffer RI for 7 years for the said offence", the Judges said while hearing the appeal of Vinayak Satpute.
On February 28, 2009, he had a fight with his wife Smita over a domestic issue, and set her ablaze after pouring kerosene on her.
Counsel for the appellant Sarojini Upadhyay argued that this was not a case of murder as the assault was not pre-planned and can be reduced to a culpable homicide not amounting to murder.
She said there was a quarrel between the appellant and victim, which ended in his setting Smita on fire. Upadhyay said that the prosecution witnesses have deposed that the appellant had admitted Smita to civil hospital in Miraj and thereafter to Sangli civil hospital.
If the appellant really intended to kill her, then he would have run away from the house and would not have taken Smita to hospital for treatment, the lawyer contended.
