Bombay High Court relief for man who beheaded wife, kid

The Bombay high court on Friday set aside the death sentence of a 35-year-old Nalasopara resident who stoned his wife and minor daughter to death and then chopped off their heads in July 2011.

A division bench of justices VM Kanade and Anuja Prabhudessai have instead sentenced Chandrakant Ayare to life imprisonment, saying that he should not be released from prison before 30 years in jail.

The judges observed, "Considering the nature of the crime and the manner in which two helpless victims - one being a child - were eliminated, a sentence of life imprisonment, which upon considering the remission, normally works out to a term of 14 years, would be grossly disproportionate and inadequate."

While showing no leniency to Ayare, the court observed, "There can be no doubt that the accused had committed murder of these two helpless victims in a most cruel, inhuman and diabolic manner. Though it is not known as to which of the victims was murdered first, the fact remains that the one murdered later had to witness the gruesome murder of the other. It is evident that apart from the physical pain caused to the victims, the accused had also subjected the victims to immense mental agony."

The HC was hearing a confirmation petition filed by the state government seeking confirmation of death sentence imposed by the trial court.

Ayare was sentenced to death by additional sessions judge SJ Kahirnar in Vasai on February 13, 2014. As per law, a death sentence awarded by the sessions judge has to be confirmed by the high court. Also, Ayare had filed an appeal challenging his sentence.

According to prosecution, Ayare, stayed in a chawl at Bilalpade, Nalasopara (East), was suspicious of his wife's character and would often fight with her.

On July 28, 2011, a neighbour called the police and informed them that he had seen blood trickling from Ayare's home. The neighbours also said they had earlier heard him fight with his wife Sanchita over her "character".

On breaking open the door, the police found Sanchita and her daughter lying in a pool of blood. Even Ayare was injured. After killing his family, he had attempted to commit suicide, but his injuries were not serious.

The police discovered that he had initially assaulted his wife and daughter with a stone and then cut off their heads with a knife.

Though Ayare had pleaded innocence, the judges observed that he was present in the room and still did not raise an alarm.

"He did not report the matter to the police. He did not open the door till he was threatened that the door would be broken open. The wholly unnatural conduct of the accused is also a material circumstance sufficient to draw an adverse inference and indicates his complicity in the crime," noted the judges.

The medical evidence proved Ayare's injuries were self-inflicted and suicidal.