Mumbai:
The Bombay High Court has reduced the five-year imprisonment of a man who killed his neighbour in a fit of rage, after the deceased's mother said she has settled the matter.
Justice VK Tahilramani in her October 13 judgment reduced the sentence to six months already served by Ramesh Ghate, a resident of Daund, Pune. He was convicted under Section 304 II (culpable homicide not amounting to murder) of the Indian Penal Code on September 3, 1996 by the additional sessions judge, Baramati and sentenced to five years. He appealed against it in the High Court.
The incident had occurred on August 8, 1993. Around 9 pm Raju was lying on a cot when Ghate hit him on the chest and stomach. He dragged him out of the house and continued to assault him. Raju managed to free himself and fled. Later, he complained of feeling uneasy and was rushed to the hospital where he was pronounced dead.
The judge held that there is merit in the submission that Ghate did not intend to or had knowledge that his act would cause Raju's death. His advocate also pointed out that no weapon was used and the only external injuries were three abrasions, which were on the left upper arm, right forearm and right elbow, non-vital parts of the body. However, the judge noted that the right lobe of Raju's liver had ruptured resulting in his death but there is no material on record to show Ghate knew he had a liver problem.
In an affidavit, Raju's mother stated that the matter has been amicably settled and urged that Ghate be acquitted on account of the compromise.
However, Tahilramani noted that since Section 304-II of IPC is non-compoundable she cannot acquit Ghate on the basis of the compromise.
She confirmed the trial judge's conviction order, reduced the sentence to imprisonment undergone by Ghate and directed his release.
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