Mumbai: In a partial relief to a woman sentenced to life imprisonment for murdering a relative who
allegedly tried to rape her minor daughter, the Bombay High
Court has dropped the murder charge against the woman and
commuted her sentence to five years for culpable homicide.
A sessions court had in February this year sentenced
Indubai Wagh (45) to life imprisonment for murdering her
nephew, Ganesh, who allegedly tried to rape Wagh`s
seven-year-old daughter.
The case dates back to June 2009, when Ganesh, who used
to live with Wagh, came home drunk and allegedly tried to
force himself on the minor girl. No amount of persuasion could
dissuade the man and to save her daughter, Wagh picked up a
sharp object and assaulted him. Ganesh succumbed to his
injuries on the spot.
A division bench of Justice B H Marlapalle and A M
Thipsay while hearing an appeal filed by Wagh, dropped the
murder charge observing that the accused had no intention to
kill Ganesh and hence can be convicted only for the offence of
culpable homicide under section 304 (II) of IPC.
"It appears that Ganesh had been staying with the accused
and there was a quarrel between the two caused due to his
misbehaviour with her child. In the heat of anger, Wagh
assaulted Ganesh. Although the injury was inflicted with a
knowledge that it was likely to cause death there was no
intention to cause death," the bench remarked.
The court further held that justice would be served if
the sentence is cut down to five years.
PTI
