Bombay High Court reduces life imprisonment of father-son duo in honour killing of daughter's lover

The Bombay High Court recently reduced the sentence of life imprisonment handed down to a father and son convicted by the sessions court for honour killing [Sachin Laxman Dandekar v. State of Maharashtra and connected appeal]. .A bench of Justices AS Gadkari and Milind Jadhav set aside the conviction of the duo for murder and instead convicted them for culpable homicide not amounting to murder.Laxman Dandekar and his son Sachin had been found guilty by a Palghar Sessions Court in Maharashtra for murder under Section 302 of the Indian Penal Code (IPC) for killing a 20-year-old Sakharam who was having a love affair with Laxman’s daughter..The High Court, however, noted that that the act of killing the boy, Sakharam, happened on the road and was not a pre-meditated or planned act but one that happened in a spur of the moment.“Because of the relationship between Sakharam and their daughter the father-son were enraged with Sakharam for having continued his alliance and this was the very reason for confronting him,” the Bench observed.The Court further noted that the convicts had inflicted a blow on the deceased with a blunt object but after the act, the duo did not take undue advantage or act in a cruel or unusual manner but were frightened since the bystanders gathered at the spot; hence, they immediately left the spot.“It is discernible that it could not have been the intention of appellants to kill and murder Sakharam but certainly both appellants wanted to teach him a lesson and reprimand him for continuing with the said alliance. The injury caused to Sakharam by blow of hammer was however fatal leading to his death,” the Court said..As for the weapon used, it was a carpenter’s hammer, which the Court opined, was the father’s principal tool of work since he was a carpenter.The same had also been recovered at the behest of the son..In view of these observations, the Court deduced that the act committed by the appellants did not travel beyond culpable homicide not amounting to murder.“Act of appellants was an act committed in the heat of passion and on the sudden spur of moment whereby the singular blow of hammer was inflicted by Sachin on Sakharam’s forehead. The trial court has therefore certainly erred in convicting and sentencing the appellants for offence of murder when the appellants deserve to be given the benefit of doubt,” the bench ruled..Therefore, the conviction order of the sessions court for murder was set aside.Both appellants were convicted for culpable homicide not amounting to murder under Section 304 of IPC. The son was sentenced to ten years imprisonment. Since he had been arrested in 2011 and had already undergone his sentence period, he was directed to be released immediately.The father had undergone a sentence of 5 years and 11 months, before being released on bail in 2016. Since his role was limited to only holding the victim, while his son actually assaulted the boy, he was sentenced to the period he had already undergone..[Read order and subsequent corrigendum]