The Bombay high court offered reprieve to a 45-year-old woman, who was convicted by the lower court for killing a relative who had misbehaved with her seven-year-old daughter, by reducing her life term to five years’ imprisonment.
A division bench of justice BH Marlapalle and justice Abhay Thipsay was hearing an appeal filed by Indubai Wagh, a resident of Khandicha Pada village in Vasai.
Wagh had been convicted by the Vasai sessions court in February for killing her niece’s husband, Ganesh, when she found him misbehaving with her daughter. She was awarded life sentence.
Finding her guilty for culpable homicide not amounting to murder, instead of murder, the court said: “There is nothing to point out that there was any pre-meditation between the accused [Wagh and her son] before the crime was committed.”
Reducing Wagh’s sentence to five years’ imprisonment, the court said: “The cause of justice would be served if the appellant is sentenced to suffer imprisonment for five years.”
According to additional public prosecutor FR Shaikh, Wagh and her son had assaulted Ganesh after they found him misbehaving with her daughter.
On June 13, 2009, when Wagh woke up around 2am, she saw Ganesh sleeping near her daughter.
He was inebriated and he was clinging tightly to the girl. Wagh tried to free her daughter and even her son urged Ganesh to release his sister; however, the latter did not pay heed. Infuriated Wagh and her son assaulted Ganesh with a sickle and stick.
Wagh and her son left an injured Ganesh at home and rushed to inform the police that they had assaulted him for misbehaving with the girl.
Ganesh was dead by the time police reached the spot.
The post-mortem report said that the cause of Ganesh’s death was cardio respiratory arrest due to haemorrhagic shock.
Wagh has been in custody since June 13, 2009, while her son was sent to the juvenile home.