New Delhi: The Supreme Court on Friday commuted the life term to 12 years of Nandlal Baviskar, who killed a disabled person in a fight in Adavad village, Jalgaon in 2006. He had appealed against the Bombay High Court’s Aurangabad Bench order passed in August 2010 of setting free two of his accomplices involved in the fight while confirming his conviction under Section 302, read with Section 34 of the IPC.
The fight started when Nandlal refused to foot half the bill of a common wall constructed between their houses by a close relative. He assaulted with a gupti (dagger) physically-challenged Lakhichand, who went to pacify the situation, resulting in the latter’s death.
The bench of Justices Mrs R Banumathi and R Subhash Reddy reduced the punishment on the ground Nandlal had inflicted the injury in a fit of rage after getting a stick blow, and the murder was not premeditated and intentional. Holding that the case falls within the Exception 4 to Section 300 IPC, the bench partly allowed the appeal, modifying the conviction under Section 302 IPC to Section 304 Part II IPC.
