Mumbai: The Aurangabad bench of the Bombay High Court has upheld the life sentence of a man who killed his 18-month-old nephew by smashing him on the floor over not being given money for liquor. The court called the act “gruesome” and said that it found “no perversity or illegality… so as to interfere in the judgment under challenge”.
A division bench of Justices Vibha Kankawadi and Abhay Waghwase, on July 7, upheld the conviction and sentence of Mukund Dixit while hearing his appeal challenging the 2016 order of the sessions court at Parbhani.
Dispute between convict and victim child's mother
According to the prosecution, there was a dispute between Dixit, his mother and his brother Narayan, whose child he killed, over distribution of money from sale proceeds of their father’s land. The property was divided into two parts. In one part, Narayan stayed with his family and mother. Dixit, a divorcee, lived in the other part alone. Dixit would often quarrel with his mother and demand money for alcohol.
On July 23, 2014, Dixit had one of the frequent fights with his mother over money. When she refused, he snatched Narayan’s infant son from his mother, who was carrying him on her waist and flung him in the air and smashed his head on the floor. The child suffered head injuries. He was taken to hospital but succumbed to injuries.
Dixit’s advocate RA Jaiswal argued that he was being framed due to a dispute over the property and he was being deprived of his share. He even argued that the possibility of the child accidentally falling and suffering injuries has not been denied by the medico legal expert.
State advocate VS Choudhari argued that the child was killed in the presence of his parents and grandmother and they have all deposed before the trial court.
“Resultantly, he is solely responsible for the death of an innocent child. The child’s mother and grandmother are unanimous about the gruesome act by the accused. Therefore, guilt has been rightly fastened against him,” noted the bench.
