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The Bombay High Court has held that a “family feud”does not have to be a fight that goes on across generations. An earlier dispute between family members of the same generation can also be a family feud.
The Court also said that when the facts of a case fit more than one category under the same Guidelines, the category that is better for the convict must be used.
A division bench of Justice Vaishali Patil Jadhav and Justice Sandipkumar C. More heard a petition filed by a convict. He was challenging the State’s decision to put him under Category 2(c) of the Government Resolution dated March 15, 2010.
Under that category, a convict must spend 26 years in jail, counting remission, before he can be considered for early release. He wanted to be placed under Category 3(b), which requires 22 years in jail for release.
Background:
The petitioner, Devidas Adinath Haleghongde, was convicted in May 2012 for murder and attempted murder (IPC Sections 302, 307, 452, and 34). He was given a life sentence after a series of growing disputes at home.
His relationship with his wife had turned bad because of a Section 498-A case. Things got worse when his mother in law, Laxmibai, named Devidas and his son as the people behind the July 2008 murder of her son (the complainant’s brother). Devidas held a grudge against his wife and daughter because they had been witnesses in that case. In November 2008, he and his son attacked them with iron pipes and a katti. They killed his mother in law on the spot and badly hurt his wife and daughter.
Court’s Observations on ‘Family Feud’:
The Court looked at how various dictionaries define “feud.” It noted that, taken together, they describe a “family feud” as a long running dispute that comes out of family relationships. It said:
“The expression “family” has a broad meaning. It includes not just blood relatives but also relatives by affinity and those connected by law, extending up to various generations. Thus, a feud can arise even within the extended family.”
The Court also explained what the term family feud covers. It said that even a dispute between family members of the same generation can be a family feud:
“A family feud does not necessarily mean a dispute that has been going on for generations. When a prior dispute between family members of the same generation becomes the reason for a subsequent offence, the resulting conflict certainly amounts to a family feud,”
Application of Beneficial Category:
Looking at the facts and the meaning of “family feud,” the Court held that the petitioner’s case fell under Category 3(b) and not Category 2(c). The Court also referred to earlier judgments on giving a convict the benefit of a more liberal policy. It said:
“ where the facts of the case attract multiple categories under the very same Guidelines, the category which is more beneficial to the convict must be considered and shall be made applicable to him.”
Using this reasoning, the Court held that Category 3(b) of the 2010 Guidelines was better for the petitioner. It requires a total of 22 years in jail, including remission, for premature release, compared with 26 years under Category 2(c).
The Court therefore allowed the writ petition. It told the authorities to place the petitioner under Category 3(b) of the 2010 Guidelines within 15 days.
