**Bombay High Court Commutes Death Sentence to Life Imprisonment in 2017 Double Murder Case**
The Bombay High Court on Thursday commuted the death sentence of a man convicted of killing a woman and her tenant’s two-year-old daughter in 2017. The incident occurred after the victim reportedly called the accused derogatory names such as “hijra” or “chakka.”
The accused, Deepak Jath, had poured petrol on the woman, Amravati, and set her on fire. Tragically, Angel, the two-year-old daughter of Amravati’s tenant, who was sitting beside her at the time, also caught fire. Both victims succumbed to their injuries after being hospitalized for two weeks.
While the court upheld Jath’s conviction for the murders of Amravati and Angel, it reduced his death sentence to life imprisonment. The bench, consisting of Justices Revati Mohite-Dere and Shyam Chandak, noted that the offence did not meet the “rarest of rare” criteria necessary to warrant the death penalty.
> “We do not find that this case, in any way, falls in the category of ‘rarest of rare case’ warranting death sentence to the accused. Hence, the death sentence awarded to the accused for causing the death of Amravati and Angel requires to be commuted,” the bench stated.
The High Court’s order came while hearing a plea filed by the State government seeking confirmation of Jath’s death sentence. It is important to note that a death sentence can only be executed after confirmation by the High Court.
**Background of the Case**
In 2023, a sessions court convicted Deepak Jath and sentenced him to death, deeming the crime to be among the rarest of rare. The prosecution presented facts stating that on April 14, 2017, Amravati and her daughter Rohini, who sold bracelets, were sitting outside their home in Bandra when Jath approached and doused them with petrol.
Rohini escaped by running inside and raising an alarm. Some of the petrol splashed onto Kanta, Amravati’s tenant, and her daughter Angel, who were also nearby. All victims were rushed to the hospital, where Amravati and Angel later died from burn injuries. Kanta suffered 60% burn injuries but survived.
**Defendant’s Statement and Legal Proceedings**
During his statement to the magistrate, Jath explained that he committed the act because Amravati and others repeatedly teased him by calling him “hijra” or “chakka.” He claimed that, in an attempt to prove he was not one of these, he had even exposed himself to them.
Jath’s lawyer, Farhana Shah, argued for leniency on the grounds of mental instability. She presented medical documents showing that Jath was declared unfit to stand trial on October 23, 2021, and that the trial began only after he was declared fit on June 10, 2022.
Despite these claims, the court observed that Jath himself admitted to committing the offense and justified it on the basis of the teasing he endured. Consequently, while the court maintained his conviction, it opted for life imprisonment rather than the death penalty.
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*This case highlights the judiciary’s careful consideration in differentiating between crimes that warrant the death penalty and those that do not, emphasizing the principle of “rarest of rare” to decide capital punishment.*
https://www.freepressjournal.in/mumbai/mumbai-bombay-hc-commutes-death-penalty-to-life-in-prison-for-man-who-killed-2-in-2017-bandra-arson-attack
