Bombay High Court Commutes Death Sentence Of Man Who Burnt Alive Woman, 2-Yr-Old; Awards Life Sentence
The Bombay High Court on Thursday commuted the death sentence to life imprisonment of a 46-year-old man, who set ablaze two women and a two-year-old girl.
A division bench of Justices Revati Mohite-Dere and Shyam Chandak said the instant case, wherein the convict - Deepak Jath, set ablaze two women and a two-year-old girl, which led to the death of one of the women and the minor girl, does not fall in the category of 'rarest of rare' case, warranting death sentence to the accused.
"The accused has in-fact admitted to committing the offence. The reason according to the accused was that he was being called Hijda and Chhakka by the witness Roshni and her mother Amravati (deceased)," the bench noted.
As per the prosecution case, at least 15 days prior to the unfortunate incident, Jath had flashed his private part to Roshni, who was 17 years at the relevant time and she told about the same to her mother Amravati, who in turn informed about it to Jath's father and then there was a quarrel between the family.
On the afternoon of April 14, 2017, the accused came to the house of Roshni, who was studying and her mother Amravati was making bracelets. Their neighbour Kanta and her two-year-old daughter Angel too came and sat in Roshni's house. There, the accused came with a bottle of petrol and poured it on the person of Roshni and her mother. Few drops of the petrol fell even on Kanta and her minor daughter. However, Roshni ran inside the house to wash herself and by the time she came out, Jath had set her mother ablaze along with Kanta and her daughter. The trio were rushed to hospital as they received severe burn injuries.
While Amravati died on April 27, 2017, the minor girl succumbed to her injuries on April 22, 2017.
In its order, authored by Justice Mohite-Dere, the bench noted that there was no past history as far as the accused is concerned.
"We find that the intention of the accused was clear i.e. to cause the death of Amravati and Roshni. Of course, Roshni survived as she ran away after petrol was poured on her, however, Amravati sustained burn injuries and succumbed to the same. Angel and Kanta, who were sitting next to Amravati, also sustained burn injuries i.e. Angel died and Kanta received serious burn injuries," the judges noted.
Thus, the act of the accused resulting in the death of Amravati and Angel, would squarely fall under Section 302 (murder) of the IPC, and the act of causing injuries to PW6-Kanta, under Section 307 (attempt to murder) of the IPC, the bench added.
"We find that the accused had come with the intent of killing Amravati and 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. Thus, the conviction awarded to the accused for causing the death of Amravati and Angel and injury to Kanta needs to be confirmed. 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 bench held.
Appearance:
Advocate Farhana Shah appeared for the Convict.
Additional Public Prosecutor Kumar Saste represented the State.
Case Title: State of Maharashtra vs Deepak Jath (Confirmation Case 4 of 2023)