NAGPUR: Taking into account the deteriorating health of an 83-year-old murder accused, the Nagpur bench of Bombay High Court ordered his acquittal while directing him to pay Rs3 lakh compensation to the victim's widow and son. The court also commuted the lifer awarded to Yavatmal resident Datta Jangamwar for killingChandu Kawde on April 10, 1995, over a trivial dispute, by modifying his rigorous imprisonment (RI) into culpable homicide.
"In light of the advanced age of accused and his health, he would be a burden on the Maharashtra government, and the prison authorities will have to take care of his health. Since he had already undergone an imprisonment of nearly four years, we think that he should be sentenced to the one he has already undergone," a division bench comprising Justices Arun Chaudhari and ZA Haq ruled while partly allowing Jangamwar's criminal appeal.
"However, the accused can't be left without compensating the deceased's widow and their son Sudarshan. He had filed an affidavit to pay Rs2 lakh within three months and also to pay (Rs1 lakh) the sale proceeds of his one acre of land after obtaining Yavatmal collector's permission" the judges stated.
On the day of the incident, Jangamwar, then 62 years of age, had an altercation with the Chandu after he collided with Anusuyabai on road. He started hitting Chandu with a stone that led to his death and also caused injuries to Anusuyabai. People from a nearby village chased and caught hold of Jangamwar, and handed him over to the police.
The Pusad sessions court convicted him for murder, outraging the modesty and serious assault among other offences and sentenced him to RI on December 24, 1998, which he challenged it in the higher judiciary through counsel Rajendra Daga.
The High Court judges observed that looking at the nature of injuries and the weapon used, they find that Jangamwar had no intention, though he had knowledge to commit murder. "On the contrary, the incident appears to be of a sudden quarrel when the accused pushed deceased's wife that led to a scuffle, and subsequent assault. The offence will have to be held to be culpable homicide not amounting to murder within the meaning of Section 304 Part-II of IPC," they added while modifying the Pusad court order.
It directed Yavatmal collector to attach the Jangamwar's house, property and the land till the recovery of Rs3 lakh fine which would be paid through cheque to the deceased's widow and son. In case of default, the accused would undergo five years imprisonment.1
source;http://timesofindia.indiatimes.com/city/nagpur/HC-frees-ailing-83-year-old-accused-of-murder/articleshow/29269421.cms
"In light of the advanced age of accused and his health, he would be a burden on the Maharashtra government, and the prison authorities will have to take care of his health. Since he had already undergone an imprisonment of nearly four years, we think that he should be sentenced to the one he has already undergone," a division bench comprising Justices Arun Chaudhari and ZA Haq ruled while partly allowing Jangamwar's criminal appeal.
"However, the accused can't be left without compensating the deceased's widow and their son Sudarshan. He had filed an affidavit to pay Rs2 lakh within three months and also to pay (Rs1 lakh) the sale proceeds of his one acre of land after obtaining Yavatmal collector's permission" the judges stated.
On the day of the incident, Jangamwar, then 62 years of age, had an altercation with the Chandu after he collided with Anusuyabai on road. He started hitting Chandu with a stone that led to his death and also caused injuries to Anusuyabai. People from a nearby village chased and caught hold of Jangamwar, and handed him over to the police.
The Pusad sessions court convicted him for murder, outraging the modesty and serious assault among other offences and sentenced him to RI on December 24, 1998, which he challenged it in the higher judiciary through counsel Rajendra Daga.
The High Court judges observed that looking at the nature of injuries and the weapon used, they find that Jangamwar had no intention, though he had knowledge to commit murder. "On the contrary, the incident appears to be of a sudden quarrel when the accused pushed deceased's wife that led to a scuffle, and subsequent assault. The offence will have to be held to be culpable homicide not amounting to murder within the meaning of Section 304 Part-II of IPC," they added while modifying the Pusad court order.
It directed Yavatmal collector to attach the Jangamwar's house, property and the land till the recovery of Rs3 lakh fine which would be paid through cheque to the deceased's widow and son. In case of default, the accused would undergo five years imprisonment.1
source;http://timesofindia.indiatimes.com/city/nagpur/HC-frees-ailing-83-year-old-accused-of-murder/articleshow/29269421.cms
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