HC relief to man convicted of killing his mother for making vegetables instead of fish

THE BOMBAY High Court recently granted partial redress to a man accused of killing his mother in Kalyan in 2011 in a ‘fire of passion’ because instead of fish she served him the same vegetable twice a day.

The woman, who had prepared vegetable brinjal with potatoes, which had remained uncooked, was assaulted with an iron bar.

Justice Prasanna B Varale and Justice Shrikant D Kulkarni were hearing an appeal filed by Naresh Madhu Pawar, who was sentenced to life imprisonment by the Kalyan Sessions Court.

Overturning the life sentence imposed on Pawar under Article 302 (murder) of the ICC, the HC sentenced him under Article 304 II (culpable homicide not constituting murder). She concluded that the attack was not premeditated and that the accused did not intend to kill his mother.

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According to the prosecution, Pawar and his mother Ekabai worked in a brick kiln in Kalyan and stayed in a kiln hut. On March 29, 2011, while other workers traveled to their hometown for Holi, Pawar and his mother stayed behind.

At around 7 p.m., Pawar quarrels with Ekabai and asks her why she doesn’t prepare fish and serves him the same vegetable again.

He then started attacking her with an iron bar, resulting in her death. He was then arrested by the Manpada police.

Lawyer Sushil Inamdar, representing Pawar, said his client was expecting fish in the evening and as he was annoyed, in a fit of passion, he picked up an iron bar. However, he had no intention of killing his mother.

He added that it was not a case of murder, as there was no such motive.

The bench observed: “The mens rea (criminal intent) is very important in a criminal trial… There was no premeditation in committing such an attack. He was not armed with any weapon. He seems to have picked up an iron bar, which was there in a brick oven… This indicates that the appellant-accused had no intention of killing his mother. If he had really intended to kill his mother, he would have struck vital parts of the body like the head.

While amending the sentence, the court noted that Pawar had already been behind bars for more than nine years.

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