No Intention To Commit Murder: Madras High Court Reduces Life Sentence Of Woman Who Set Minor Daughter On Fire

The Madras High Court has recently set aside the life imprisonment imposed on a mother for setting her minor daughter on fire and thereby causing her death. 

Altering the charge from that under Section 302 to one under Section 304 of IPC, Justice PN Prakash (since retired) and Justice G Jayachandran noted that the primary question was whether the appellant mother had intended to commit the murder of her daughter.

The deceased Mariselvi was 13 years old and was admitted into Government Aided Residential School in Kovilpatti to pursue her studies. However, since she was not interested in studies, she returned home after a week during midnight by escaping from the hostel without informing the wardens. 

Furious over the fact that Mariselvi was not pursuing her studies, a quarrel broke out between the mother and the daughter in which the appellant mother angrily threw kerosene on her daughter and lighted it. She was immediately taken to the Government Hospital where she was admitted with 50% burns. 

Mariselvi was given treatment for over four months and was discharged from the hospital. However, she was readmitted on account of the burns not healing and ultimately succumed to her injuries.

The trial court found the appellant mother guilty and convicted her for the offence under Section 302 IPC and sentenced her to undergo life imprisonment and pay a fine of Rs. 5,000/- and in default to undergo 6 months rigorous imprisonment. 

On appeal, the court noted that taking into account all the facts and circumstances, the conviction under Section 302 for murder cannot sustain and instead conviction should be under Section 304(1) of IPC.

Taking all these facts into consideration, we afraid that we cannot sustain the conviction of the appellant for the offence under Section 302 IPC and instead, the conviction can be one under Section 304(1) IPC.

Thus, the court set aside the conviction under Section 302 and instead convicted the appellant under Section 304(1) IPC. The court sentenced the appellant to undergo rigorous imprisonment for a period of 10 years and pay a fine of Rs. 5000. 

The appellant is convicted for the offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment and pay a fine of Rs.5,000/- in default to under go 6 months rigorous imprisonment. The fine amount already paid for the conviction and sentence under Section 302 IPC would hold good for this too. The appellant is directed to immediately secure the appellant and produce her before the trial Court and on such production, she shall be remanded to custody for undergoing the remaining part of sentence after set off under Section 428 Cr.P.C. 

Case Title: Rajeshwari v State

Citation: 2023 LiveLaw (Mad) 20

Case No: Crl. A(MD)No.283 of 2020