Mumbai: Observing that the convict is ‘unfit’ to return in a society, the Bombay High Court on Tuesday confirmed the death sentence awarded to a 32-year-old man for killing his mother, wife and an infant daughter. The man killed the trio, as they opposed his affair with his colleague.
A bench of Justices Bhushan Dharmadhikari and Swapna Joshi refused to show any sympathy to Vishwajeet Masalkar, a Pune-resident, who was granted death sentence for killing his family.
The judges while turning down his application seeking leniency in the sentence noted the fact, he had committed a ‘cold blooded’ murder, only to marry his colleague. The judges said, instead of killing his mother, wife and child, the convict could have taken a divorce through legal means.
“The act of killing mother is extreme ingratitude towards the source of life. So also the wife, who would always trust her husband and would expect care and security from him. So also is the case with the daughter,” reads the judgment authored by Justice Swapna Joshi.
“In fact, there was no need to kill the wife in such a brutal manner, particularly when the accused had an option to take divorce. The accused has even not spared his two-year-old daughter for no fault of hers. Thus, killing of daughter, wife and mother in such a ruthless manner, cannot be justified,” Justice Joshi has said.
According to the prosecution, Masalkar was having an extra-marital affair with a colleague and wanted to marry her. And since his mother and wife were objecting his move, he killed them with a hammer and also smothered his daughter. It is also claimed that he even made an attempt to kill his neighbour, who too had opposed his move to marry his colleague.
The judges while dealing with Masalkar’s plea to commute his death sentence, noted the fact, he initially portrayed as if there was a housebreak and the robbers killed his family. However, the police during investigations noted, the alleged robbed materials were concealed in his own house.
In his defence, Masalkar only maintained that he has not committed the triple murder. Trashing his claims, the bench said, “The accused has committed a diabolic and brutal murder of his wife, mother and child and being a heinous offence, it pricks the judicial conscience.
By finishing the family, the accused has tried to shatter the basic foundation of the society. Thus, in our considered view, sentencing the accused with imprisonment for life would not be a proper sentence for him.”
“Especially because the accused did not even spare his two-year-old daughter. Even the mother who brought him on this earth was not considered sympathetically, just because she opposed his illicit relationship.
He does not deserve any sympathy and he is nothing but a menace to the society. Thus, his conduct clearly indicate that the accused is unfit to revert in the civilized society,” the judges observed.
