HC reduces life-term to 10 years in murder case

Mumbai, Oct 26 (UNI) The Bombay High Court has reduced the life-term, awarded by the Additional Session Judge, Solapur to an accused for murder in 2002, to ten years.

A division bench comprising Justices V G Palshikar and Nishita Mhatre held that there was grave and sudden provocation by the deceased which led to the murder.

Sanjay Kharade (accused) and Narendra Ramgir (deceased) who was a tailor, were neighbours and both their families used to indulge in fights and abuses, constantly.

On July 6, 2000, Kharade came to Ramgir's shop along with his mother to fight over her abuse at the hands of Ramgir's mother.

In retaliation, Ramgir went to his terrace and brought down Manglorian tiles and tried to hit Kharade but mistakenly hit his mother. In a fit of anger, Kharade picked up a scissor from Ramgir's shop and attacked his head, chest and stomach causing his death.

Additional Public Prosecutor Pradeep Hingorani submitted before the court that evidence in the form of scissors and testing of the blood and finger prints held Kharade guilty of the murder.

However, defence counsel Latika Narvekar submitted that the accused had been seriously instigated to retaliate whereas the murder was not intentional. Kharade had not gone with the intention of killing the deceased or causing any injury.

The court held that the accused shall be convicted u/s 304 of Indian Penal Code where culpable homicide does not amount to murder and reduced his term to 10 years.

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