Bombay HC commutes death sentence of man who killed unborn child, kin

in 2015, the man had assaulted his pregnant wife, her mother and aunt with a knife. The attack resulted in the death of his mother-in-law and the foetus

Aurangabad bench of the Bombay high court (HC) on Tuesday commuted death sentence handed down to a resident of Jalna district for killing his mother-in-law and the child in the womb of his pregnant wife, into life imprisonment.

The bench felt that the crime committed was not so barbaric and cold-blooded that it would send shivers down the spine of a person, warranting imposition of capital punishment, not only to punish him but also to deter such other murders. (HT FILE)

“No doubt, the crime is heinous and condemnable,” said the bench of justice Ravindra Gauge and justice BU Debadwar. The bench, however, felt that the crime committed by Krishna Pawar was not so barbaric and cold-blooded that it would send shivers down the spine of a person, warranting imposition of capital punishment, not only to punish him but also to deter such other murders.

According to the prosecution, the incident took place on October 24, 2015, at Walkhed. Wife of the 35-year-old labourer from Yawalpimpri in Jalna district had gone to her parent’s place, as Pawar used to suspect her character and harass her.

On the fateful day, Pawar had gone to bring back his wife, who was nine-months pregnant at the time. But, he was asked to meet them at Walkhed, where the parties intended to discuss the issues faced by the couple and resolve them mutually.

Pawar assaulted his pregnant wife, her mother and mother’s sister with a knife when the three women were waiting for Pawar’s brother-in-law. The attack resulted in the death of Pawar’s mother-in-law and the foetus in his wife’s womb. His wife and the sister of his mother-in-law survived the brutal attack.

Pawar was arrested and prosecuted for the murders and attempted murders. This year on June 18, an additional sessions judge at Jalna convicted Pawar for the murders and sentenced him to death, terming the case a rarest of a rare one.

On Tuesday, HC upheld his conviction, but commuted the death penalty handed down to him, to life imprisonment, after noticing that the brutal attack had resulted in the death of a woman and an unborn child, but the crime did not warrant the imposition of the extreme penalty.

The judges said though Pawar had planned to attack his wife and mother-in-law, it was perhaps only a coincidence that the sister of his mother-in-law, Alkabai, also accompanied them. They felt, in the fit of anger Pawar might have overcome his sense of reason and went on to stab all the three ladies.

HC has, however, taken stern note of four witnesses, including Alkabai, a victim of the attack, in the case turning hostile, and directed Jalna sessions court to conduct an inquiry as contemplated under section 340 of the Criminal Procedure Code, to initiate an action of perjury against the four witnesses.