There is a need to check instances of teasing of young girls since the same could lead to other serious offences, observed the Bombay High Court while upholding the sentence of three men. The HC was hearing appeals filed by three men convicted for murdering a young man who had reprimanded one of the convicts for teasing a girl in his society.
"There is a need to keep under control such instances of teasing young girls, which are common and often becomes reason for another offence and sometimes to serious one. Therefore, stringent punishment should be imposed on the accused persons for the offence of section 304 (Part II) (culpable homicide)," a bench of Justices Ajay Gadkari and Shyam Chandak said on March 8.
Details of case
According to the prosecution, on May 3, 2012, one of the appellants, Abhijit Sangare teased a girl who informed her mother about the same. The mother informed her brother, who asked the neighbour, Prashant, to speak to the accused. Prashant and the girl’s mother confronted Sangare and a quarrel ensued. Sangare threatened Prashant with dire consequences and left.
After some time, Sangare returned with two friends, Eknath Laxman Shinde and Bhaishya Pardeshi, who assaulted Prashant with iron rods and a wooden log. They left after a crowd gathered. Prashant was rushed to a nearby hospital, where he succumbed to injuries after seven days.
In December 2014, the sessions court at Pune found them guilty of murder and sentenced them to life in prison. They approached the HC against their conviction and sentence.
Court's observations
The court noted that the injury to the head of the deceased did not prove fatal right away as the deceased survived for around seven days after the incident. “These circumstances clearly indicate that even though the accused persons were carrying two weapons, they restricted themselves to only one injury on the vital part of the body (head)... otherwise there would have been at least a fracture to the skull... The deceased died due to complications following the head injury.” the bench noted.
It added that the "homicidal death of the deceased was without premeditation."
Hence, the court concluded that they should be convicted for culpable homicide not amounting to murder, instead of the offence of murder.
The judges, however, noted that the fact cannot be overlooked that they took the life of an innocent man. "However, it cannot be ignored that the act of the accused persons took the life of an innocent young man who just wanted to correct the accused no.3 (Sangare) as he teased a young girl. There is a need to keep under control such instances of teasing young girls, which are common and often become reason for another offence and sometimes to serious one,” the bench opined.
