To ensure the upbringing of two minors, whose father is in jail for murdering their mother, is not disturbed, the Bombay High Court has directed the District Legal Services Authority of Jalgaon to take effective steps for their rehabilitation or award compensation.
While issuing the directive, the Aurangabad bench of the HC noted that courts of law are not only obliged to award compensation to victims of crime but also have the legal duty to compensate a victim for the loss and injury caused due to an act or omission on part of the other party.
Man set ablaze mother after she refused to give him money to buy liquor
The HC was hearing an appeal filed by the man challenging his conviction by the sessions court. In 2017, the sessions court convicted the 35-year-old man for setting his wife ablaze after she refused to give him money to purchase liquor.
During the hearing of the appeal, an advocate was appointed to represent the boys who were rendered orphans and were being looked after there grandmother.
The advocate sought compensation for the two children relying on section 357A of the Code of Criminal Procedure, which says the government shall pay compensation or rehabilitation to victims of crimes.
The bench agreed with the arguments and said: “Courts of law are not only obliged to exercise their power to award compensation but also have the legal duty to compensate a victim for the loss and injury inflicted as a result of an act or omission on part of the other party.”
The bench then directed the District Legal Services Authority, to conduct an enquiry and take effective steps for children’s rehabilitation or awarding them compensation.
The authority shall ascertain the whereabouts of the children, and their educational and financial status and then take appropriate steps for meaningful rehabilitation, the court said.
While dismissing the man’s appeal, a division bench of Justices Vibha Kankanwadi and Abhay Waghwase on November 6, said that the woman's dying declaration and the witness statement given by one of the sons of the couple proved his guilt in the case.
It added that the Woman’s dying declaration was consistent as she said her husband had set her ablaze after she refused to give him money.
"We are convinced that the dying declaration carries no infirmity so as to discard or doubt it," the judges said. Adding it did not find any reason to discard or doubt the statement given by one of the children of the deceased woman and the accused, the bench said: “We find that his evidence is inspiring confidence.”