The Bombay high court has upheld the life sentence awarded to five persons in a case of murder after the court observed that the cruelty of the assault does not get diminished because it was aimed at the legs of the deceased.
The court was hearing the appeal filed by six Parbhani residents, one of whom died during the pendency of the appeal, who assaulted the victim, Mahadeo Thore, following an agricultural land dispute. Thore died from "cardio failure due to hemorrhagic shock, due to amputation of the left leg along with other multiple injuries."
On October 10, 1993 Thore, accompanied by his mother Dhrupatabai and daughter, Anuradha, was proceeding to his agricultural land when the accused, assaulted him with an axe and sticks. Thore lost his leg after he was struck by the axe below his knee.
Anuradha informed the Pathri police and rushed Thore to a hospital. According to the medical officer, Thore was conscious when he was brought to the hospital where his dying declaration was recorded.
The court was told that due to an injury to the head and excessive blood loss, the patient went into shock. He then succumbed to his injuries.
The prosecution also contended that even though the victim's mother and daughter had turned hostile, the case was based on Thore's dying declaration. However, the defence argued that the accused only intended to cause injury and that the assault was aimed at the victims’ legs and not towards any of the vital portions of his body.
The court observed that the defence argument that the accused had no intention to commit murder and at most they can be convicted for causing grievous hurt cannot be accepted.
“A life is lost and lost due to a cruel act of the accused,” the court said.