Suresh Malhari Gaware v. the State of Maharashtra
Case brief
What is this about?
This judgment deals with a criminal appeal against conviction and life imprisonment under Section 302 IPC for intentionally setting the deceased ablaze. The High Court examined evidence including a dying declaration, medical reports, and testimony from a child witness, all corroborating that the accused set the victim on fire due to a quarrel over money but subsequently poured water on her to exti
What did the court decide?
The conviction under Section 302 IPC and life sentence set aside; convicted under Section 304 part II IPC; sentenced to eight years' rigorous imprisonment.
What the court decided
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apeal.493.2010.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.493 OF 2010
Suresh Malhari Gaware Convict No.C/4616 Nashik Road Central Prison, Nashik ... Appellant
Vs.
The State of Maharashtra ... Respondent
Mr.Amogh Karandikar, Advocate appointed for the Appellant Ms.S.V. Gajare-Dhumal, APP, for Respondent – State
CORAM: MRS.V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.
DATE: AUGUST 20, 2013
ORAL JUDGMENT (PER MRS.BHATKAR, J.):
- The appellant is convicted for the offence punishable u/s 302 of the Indian Penal Code and thereby sentenced to suffer imprisonment for life. The appellant and the deceased Raziyabi Nashir Khan were residing together after death of her husband. Raziyabi was having three children including PW1 Ameenabai Nasir Khan. On the night of 9.5.2001, the accused, who was addicted to liquor, came home and demanded money from Raziyabi. Raziyabi did not given money. So by pouring kerosene he set her on fire. She started shouting. So her children, who were sleeping outside the room, came running inside. The accused poured water on the
Issues for consideration
2 issues framed by the court
Whether the appellant's act of setting the deceased on fire amounts to murder or culpable homicide not amounting to murder under Exception 4 to Section 300 of the Indian Penal Code.
Whether the mitigation under Exception 4 arising from the appellant pouring water on the deceased to extinguish the fire applies to reduce the conviction from Section 302 to Section 304 part II.
Parties & counsel
- appellant
Suresh Malhari Gaware
- respondent
The State of Maharashtra
Coram
V.K. Tahilramani
Case details
As recorded by the court registry
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