HC reduces lifer to 6 years for man who torched wife to death

Observing that the accused had no intention to kill, the Bombay High Court has set aside the life sentence awarded to a man and his mother who were found guilty of murdering the former's wife by setting her on fire.
After going through the evidence, Justices P D Kode and V K Tahilramani remarked that they were inclined to hold that the accused had thought of inflicting burns and not kill the victim but unfortunately the situation went out of their control to a fatal extent.
The Judges ruled that the case will not be covered under section 302 (murder) IPC but under section 304-II (culpable homicide not amounting to murder for act done with knowledge that it would cause death of a person).

Accordingly, the judges sentenced Balu Narayan Shinde to rigorous imprisonment for six years and a fine of Rs 2,000 after finding him guilty under section 304-II of IPC. His mother, Sulabai Shinde, was sentenced to 4 years and 6 months with Rs 2000, considering that she was ailing and 65-year-old.
Balu married Kavita on October 17, 2006 in Pune. His mother Sulabai was also staying with them. Balu suspected the character of his wife and used to ill-treat her. On September 9, 2007, Balu came home in an inebriated condition and abused his wife.
When Kavita protested, Balu poured kerosene on her while his mother allegedly lighted a match stick and threw it on her daughter-in-law.

As she caught fire, Balu immediately poured water on Kavita and took her to hospital. However, Kavita had suffered serious burn injuries and died three days later.
Police relied upon a dying declaration given by the victim to a constable in which she alleged that her husband had poured kerosene on her while mother-in-law lighted a match stick.
Police also relied upon oral statements given by the victim to her brother and father, which corroborated the dying declaration.