Thane court convicts woman for culpable homicide for death of her child

The judge, in his order, stated that the prosecution has proved the charge under IPC section 304 Part II (culpable homicide not amounting to murder) against the accused

A court in Maharashtra’s Thane district has convicted a 29-year-old woman on the charge of culpable homicide not amounting to murder for causing death of her child and sentenced her to imprisonment for the term she has already undergone in jail since arrest in August 2018.

The woman, a resident of Dhapsipada of Bhiwandi taluka, was convicted by the court on April 9, but a copy of the verdict was made available on Friday.

Thane Additional Sessions Judge RV Tamhanekar, in his order, held the accused, Kalpana Nilesh Gaikar, guilty of the offence of culpable homicide and sentenced her to jail term already undergone between August 10, 2018, and May 30, 2020.

The judge also imposed a fine of Rs 5,000 on her.

According to Additional Public Prosecutor S H Mhatre, the incident took place on August 8, 2018, when the woman drowned her son, aged 6 six months, in a ‘nullah’.

The accused was regularly ill and the baby’s incessant crying prompted the mother to commit the crime, Mhatre said.

The woman’s advocate, Sunil Lasne, pleaded for leniency and told the court she has two children, aged one and seven years, to look after.

On the other hand, the prosecution sought maximum punishment (up to 10 years) for the woman prescribed under the law for the offence.

The judge, in his order, stated that the prosecution has proved the charge under IPC section 304 Part II (culpable homicide not amounting to murder) against the accused.

The court said, “There is no record to show that the accused is a habitual offender or previously convicted. But at the same time offence proved is of serious nature. It is matter on record that the accused has been arrested on 10.08.2018 and she was in custody till her release on interim bail.” Judge Tamhanekar, in his order, noted that the woman has lost her own child.

“Section 304 Part II of the Indian Penal Code provides punishment with imprisonment of either description for a term which may extent to 10 years or with fine or with both, if the act is done with the 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.

“It is significant to note that the accused is the mother of child who died. The reason may be one or other, but the fact cannot be forgotten that the accused has lost her own child. So considering the submissions, I am of the opinion that further custody (of the accused) is not warranted and thereby following sentence (jail term already served) would meet the end of justice,” the judge noted. 

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