The Bombay High Court relieved a convict suffering from mental illness, charged with life sentence. The person was sent behind bars because of which he could not challenge his conviction. The court partly allowed his appeal and reduced his sentence to the period already undergone by him and directed his release.
A division bench of Justice BP Dharmadhikari and Justice Prakash Deu Naik, altered the conviction of Sagar Pawar under charges of murder, to under section 304 (II) (culpable homicide not amounting to murder). The bench said, "The evidence on record would indicate that the act is done with knowledge that it is likely to cause death but without any intention to cause death or to cause such bodily injury as is likely to cause death."
Pawar was arrested in the year 2011 and found guilty along with two others in the year 2014. The two convicts appealed in the high court, which reduced their sentence to four years term. In 2015, the court deciding the appeal of the two convicts were informed by the prison authorities that, "Pawar is suffering from mental illness and he is under treatment for the same in jail."
The bench then stated, "Looking to the fact that the accused is not in a fit mental condition to file an appeal, the jail authorities are directed to ensure that proper medical treatment is given to him and as and when he is in a fit mental condition he be informed to prefer an appeal."
Pawar finally moved the high court in 2017. The bench after going through the evidence said, "The incident had occurred at spur of moment, the victim was assaulted by kick and fist blows. In the light of oral and medical evidence it cannot be said that there was intention to commit murder."
