Murder Conviction Can't Be Converted To Culpable Homicide If Convict Was Cruel: Bombay High Court Denies Relief To Man Who Locked Burning Wife

The Bombay High Court recently refused to commute the conviction of a man from murder to culpable homicide not amounting to murder after noting that the convict acted in a 'cruel' manner by setting his wife ablaze and further not letting anyone to help her.

A division bench of Justices Sarang Kotwal and Shyam Chandak said the convict Ambadas Aaretta acted in a cruel manner and took advantage of the 'vulnerability' of his own wife and children. 

"The important consideration is that, to take recourse to this (to commute to culpable homicide not amount to murder) benefit, the offender should not have acted in a cruel or unusual manner. In the present case, after setting Pushpa (wife) on fire, the Appellant (Aaretta) took the children out of the house and had latched the door from outside when Pushpa was still burning inside. He prevented anybody else to help Pushpa. He had thrown kerosene on her and had set her on fire. All this conduct is definitely cruel and he had taken undue advantage of the vulnerability of his own wife and children. Therefore, the Appellant cannot claim benefit of taking his case within Exception 4 to Section 300 of IPC," the bench said in the order passed on June 12.

The bench therefore, dismissed Aaretta's appeal challenging the judgment by a Solapur Sessions Court, which by an order passed on December 3, 2014 convicted him for the murder of his wife and sentenced him to rigorous life imprisonment. 

According to the prosecution case, Aaretta was a tailor by profession but he did not work anywhere to earn a livelihood and was addicted to alcohol and gambling and would often pick up fights with his wife Pushpa over some or the other issue. The deceased wife worked in a 'bidi' making outlet and looked after her home and three children. 

On the night of February 10, 2014, Aaretta picked up a quarrel with his wife and assaulted her and then poured kerosene on her person and set her ablaze. When she started shouting for help, the convict took his children out of the house and latched the outside door. He even disallowed their daughter from helping Pushpa. 

The door was opened after Pushpa's brother reached the spot and took her to the civil hospital. She survived for a few days but later succumbed to the burn injuries. She in her dying declaration, clearly named the applicant convict for setting her ablaze. 

The trial court while convicting Aaretta relied on the testimony of the children, the dying declaration of the deceased and also on the medical records.

Considering the facts of the case and also the judgment of the sessions court, the division bench in its order said, "We do not find any reason to interfere with the impugned Judgment as the Sessions Judge has given proper reasons in convicting and sentencing the Appellant. As a result, the Appeal fails and is accordingly dismissed."

Appearance:

Advocate Nasreen Ayubi appeared for the Appellant.

Additional Public Prosecutor Sharmila Kaushik represented the State.

Case Title: Ambadas Chandrakant Aaretta vs State of Maharashtra (Criminal Appeal 431 of 2016)

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