Why was Gangadhar Kerkar's sentence reduced?

The Bombay high court reduced the sentence because there was insufficient evidence of premeditation and motive for murder, reclassifying the offense as culpable homicide not amounting to murder.

What is the difference between murder and culpable homicide?

Murder requires intent to kill or cause fatal injury, while culpable homicide not amounting to murder involves causing death without such specific intent, often during a sudden quarrel or without premeditation.

What happened in the 2019 incident involving the Kerkar brothers?

Gangadhar and Vinod Kerkar assaulted their brother Vilas, leading to fatal injuries. The high court later reviewed Gangadhar's murder conviction and sentence.

Home / Crime and Justice / Brother's Murder Sentence Slashed by High Court

Brother's Murder Sentence Slashed by High Court

27 Nov

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Summary

High court reduced life sentence to seven years for culpable homicide.
Court found no evidence of premeditation in the fatal quarrel.
Disparity in sentencing between brothers noted by the high court.

Brother's Murder Sentence Slashed by High Court

The Bombay high court overturned a lower court's life imprisonment sentence for Gangadhar Kerkar, reducing it to seven years of rigorous imprisonment for culpable homicide not amounting to murder. This decision came in the case of his brother's 2019 death. The high court's review found no evidence of premeditation, preparation, or motive, concluding the incident stemmed from a sudden quarrel.

The original trial had resulted in Gangadhar receiving a life sentence for murder, while his brother Vinod was convicted of culpable homicide. The high court highlighted that the lower court erred in its murder conviction against Gangadhar, emphasizing insufficient evidence regarding who inflicted the fatal injury. They also pointed out the unequal sentencing between the brothers despite their shared involvement.

Legal representation included advocate Arun Bras De Sa for the defence and additional public prosecutor Pravin Faldessai for the state. Vinod, who had already served approximately four years, was released. The high court's ruling underscores the importance of clear evidence in murder convictions.

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