HC shows no mercy to woman who set kids ablaze, awards life

MUMBAI: Four years after a 25-year-old woman set her two children ablaze in a fit of rage after a fight with her in-laws, the Bombay high court on Wednesday refused to show her any leniency. A division bench of Justice Vijaya Kapse Tahilramani and Justice Mridula Bhatkar upheld a trial court order convicting Kolhapur resident Shakuntaka Buchade for murder and sentencing her to life imprisonment.

"The reason for killing her two minor sons cannot be considered sympathetically and no leniency can be shown to the accused," said the judges while dismissing her appeal. "The children—aged four and one—were helpless and very young to resist or rescue themselves."

The case dates back to 2009 when Shakuntala poured kerosene on her two kids and set them ablaze, while also trying to commit suicide. She survived with 26% burns, while her kids died. The court rejected Shakuntala's plea to drop the charges of murder and modify it to the less serious offence of culpable homicide not amounting to murder. The judges cited the evidence of the witnesses who said there were frequent quarrels between Shakuntala and her husband and mother-in-law. She used to reportedly threaten that since she had given birth to her kids, she could take their lives as well. "This shows that Shakuntala was not only a lady with a bad temper but she was also treating her kids as her private property and using them as an instrument to give threats to her husband and mother-in-law," said the judges. "When she took the children and locked the room from inside (before pouring kerosene on them and setting them ablaze), it cannot be said that she was not aware of the consequences of her action and did not intend to kill her children."

The court refused to invoke provisions of the exceptions carved out under Section 300 of the IPC, which would entail the less serious charges of culpable homicide not amounting to murder. "If a person is sane but has ill temper and commits such a grave offence, it cannot be brought under the exception (in law)," the judges said.

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