Karnataka High Court sentences KSRTC driver to life imprisonment for killing 6 in petrol fire

The Karnataka High Court has sentenced a 63-year-old retired Karnataka State Road Transport Corporation (KSRTC) bus driver to life imprisonment for killing six persons by setting their house on fire after pouring petrol through a window [State of Karnataka Vs Abdul Sharief @ Ameer Jan].

A Division Bench of Justice H P Sandesh and Justice B Pramod passed the order on August 29, overturning the accused’s acquittal by the trial court and convicting him for the 2013 incident.

The incident occurred around 3 AM on April 12, 2013, when a doctor and seven of his family members were sleeping inside a house in Mysuru.

The prosecution alleged that the accused, Abdul Sharief, poured petrol through a window and set the house ablaze with a matchstick before fleeing. Six people died.

The crime was committed allegedly owing to resentment harboured by Sharief against the doctor to whom he allegedly owed money for medical treatment.

The doctor's daughter, who survived the fire, also alleged that Sharief had earlier asked the doctor to give him slow poison to kill his (Sharief's) first wife. The doctor's refusal to do so also allegedly deepened Sharief's resentment toward him. This allegedly prompted Sharief to set the doctor's house on fire, leading to the death of six.

A trial court acquitted Sharief of the crime in 2018. The State challenged this verdict before the High Court.

The High Court found that the trial court had misread material evidence, magnified minor discrepancies and ignored crucial forensic evidence.

It also criticised the trial court for not intervening when the public prosecutor failed to examine a key witness. The trial court should not have remained a “mute spectator” during a criminal trial, particularly when six persons had lost their lives, the High Court said.

"The trial Court has committed an error in appreciating the evidence and the same amounts to perversity which has led to miscarriage of justice," the High Court added.

The Bench further relied on the statement of the deceased doctor's daughter - who had suffered 34 per cent burns and identified the accused (Sharief) - the evidence of other witnesses, the accused’s unexplained burn injuries and an FSL report showing petroleum residues on seized articles, to overturn the trial court's acquittal.

The Court ultimately ruled that Sharief was guilty of the crime by its judgment passed on August 29.

The State sought the death penalty for Sharief, citing the premeditated nature of the attack, the number and vulnerability of the victims and the absence of any remorse on the convict's part.

The Court, by an order passed on September 3, eventually decided not to impose the death penalty, although it termed the crime a brutal one. Among other mitigating factors, the Court noted the convict's age and the fact that over a decade had passed since the crime took place.

"Now the accused is aged about 63 years on account of a lapse of time of 13 years subsequent to the crime and at that time he was aged about 50 and now he is 63 years (sic)," the Court noted.

The Court proceeded to order that Sharief undergo life imprisonment without any possibility for remission (early release from prison)

"Having taken note of the incident by pouring petrol and setting the fire, six persons have lost their life, but Court has to take note of this is not a brutal act of committing murder, and the same is also not a blood thirsty and it is only an offence of setting the fire by pouring the petrol which has resulted in loss of life of six persons that too, by offence of mischief. Having considered the said fact, though it is brutal but it is not bloodthirsty and setting fire and (doing away with) the life of six persons... The accused is sentenced to life imprisonment (for) each count of six (murders) ... without any remission," the Court said.

Sharief was also ordered to pay a fine of ₹25,000 for each count of murder.

Further, he was sentenced to seven years imprisonment for the offence of attempt to murder under Section 307 of the Indian Penal Code (IPC) and 3 years of imprisonment for the offence under Section 436 (mischief by use of fire) of the IPC. All sentences were directed to run concurrently.

State Public Prosecutor Jagadish BN appeared for the State.

Advocate Umesh PB appeared for Sharief.

[Read Judgment]