Edited By: Pathikrit Sen Gupta
Last Updated: January 19, 2023, 21:20 IST
The HC thought-about the query as to whether or not the mom had the intention to commit the homicide of her daughter. (File pic/PTI)
The lady threw kerosene on the daughter and set her on hearth after a quarrel happened between them over the lady’s lack of curiosity in research. The 13-year-old later died
The Madras High Court lately commuted the life sentence awarded to a lady who had been convicted for setting her 13-year-old daughter on hearth to 10 years in jail.
The bench of Justices PN Prakash (since retired) and G Jayachandran held that the girl’s conviction for the offence underneath part 302 of IPC couldn’t maintain and as a substitute she might be held responsible solely underneath part 304(1).
The division bench reasoned that from the info of the case, it appeared that the incident occurred because of a quarrel between the mom and the daughter over the latter’s lack of curiosity in research and it was solely after 4 months of the incident that the case was altered to one underneath part 302 of IPC when the daughter succumbed to her burn accidents.
The order was handed in the legal attraction moved by the convicted lady in opposition to the judgement of the fast-track court docket.
The info of the case have been that the 13-year-old sufferer was apparently not good at research. Consequently, her dad and mom admitted her to the Government-Aided Residential School in Kovilpatti. However, solely after eight days, the lady escaped from the hostel and returned house at midnight. This triggered a quarrel the following day between the sufferer and her mom who angrily threw kerosene on the lady and set her on hearth.
On listening to the lady shouting, her father, who was asleep throughout the quarrel, wakened and instantly carried the sufferer to the Government Hospital, Kovilpatti, the place she was admitted as an inpatient. As per the wound certificates, the sufferer had suffered 50% burns.
On info to the police, the assertion of the sufferer was recorded, and based mostly on {that a} case was registered underneath part 307 of IPC in opposition to her mom. One dying declaration of the sufferer was recorded at the moment.
The sufferer was given medical remedy for over 4 months throughout which she had been discharged and readmitted a number of instances as her burns weren’t therapeutic. Eventually, she succumbed to the accidents.
As a consequence, the case was altered from one underneath part 307 of IPC to part 302. The trial court docket convicted the mom for the offence underneath part 302 and sentenced her to life imprisonment and a fantastic of Rs 5,000.
The mom, thereafter, challenged her conviction underneath part 302 earlier than the excessive court docket. The HC thought-about the query as to whether or not the mom had the intention to commit the homicide of her daughter. The court docket dominated in negation and, subsequently, allowed the attraction.
Accordingly, the excessive court docket convicted the mom underneath part 304(1) of IPC and sentenced her to endure 10 years of rigorous imprisonment and pay a fantastic of Rs 5,000.
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