Madras High Court
In this case Madras High Court set aside the life imprisonment of a mother who was convicted for setting her minor daughter on fire causing her death. The charges were Section 302 and section 304 of IPC. The court question about intention to commit murder. The case was Rajeswari V/S State Of Tamil Nadu [(Mad)20 of 2023][Crl.A (MD)no.283of 2020]. The case was presided by THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN.
Facts of the case
- In this case the deceased Mariselvi was 13 year old girl and was admitted into Government Aided Residential School in Kovilpatti to pursue her studies. Due to lack of interest in studies she run from the hostel in midnight after one week without informing wardens of the hostel.
- The mother daughter duo get into heated argument and in rage mother pour kerosene and lighted her. After that victim was taken to the hospital and she was 50% burned. After 4 months victim got to her house back but was readmitted in the hospital as her burned injuries were not healing and ultimately succumed to her injuries.
- The mother was convicted for life imprisonment under Section 302 of IPC and also get a fine of Rs.5000/- and if she will not pay fine the 6 months of rigrous imprisonment.
The court after taking all the facts and evidences into consideration says that the conviction should be held on Section 304 of IPC and not on 302 of IPC as it was not intentional. She was held liable under 304(1) of IPC and was convicted for 10 years rigrous imprisonment and pay fine Rs.5000/-.
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JUDGEMENT REVIEWED BY NAMRATA SINGH