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2019 Supreme(Bom) 1327
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P. DHARMADHIKARI, SWAPNA S. JOSHI, JJ.
The State of Maharashtra - Appellant
Versus
Eknath Kisan Kumbharkar - Respondent
Confirmation Case No.3 of 2017
Decided On : 06-08-2019
For the Appellant : Mrs. P.P. Shinde, APP.
For the Respondent: Mr. Rohan R. Sonawane
Headnote:
CRIMINAL - SENTENCING - MURDER - RARE CASE - CONFIRMATION OF DEATH SENTENCE - SECTION 302 IPC: In a case where the accused, a father, committed a gruesome and barbaric murder of his own daughter who was carrying a complete 9 months foetus, which was to be born in near future, in feudal mind showing uncivilized behaviour, the court held that the case squarely comes in the category of “rarest of rare” and confirmed the death sentence imposed by the trial court.
Fact of the Case:
The accused, a father, committed a gruesome and barbaric murder of his own daughter who was carrying a complete 9 months foetus, which was to be born in near future, in feudal mind showing uncivilized behaviour.
Finding of the Court:
The court held that the case squarely comes in the category of “rarest of rare” and confirmed the death sentence imposed by the trial court.
Issues: Whether the case falls under the category of “rarest of rare” and whether the death sentence imposed by the trial court should be confirmed.
Ratio Decidendi: The court held that the case falls under the category of “rarest of rare” and confirmed the death sentence imposed by the trial court. The court considered the following aggravating circumstances: 1. The accused was deadly against the marriage of his daughter Pramila, which was an inter-caste marriage. 2. The accused thought that due to the said marriage, people from his caste have not accepted the said marriage and he was defamed in his community and society. 3. The accused therefore kept anger in his mind and then without expressing his feelings particularly to his daughter’s family, in a planned manner went to her house on the day of incident and committed the cold blooded murder of his daughter as well as her quick unborn 9 months old child in a diabolic manner. 4. It was a honour killing. 5. The mother-in-law of the deceased had accepted the said marriage and she used to take care of her daughter-in-law Pramila and therefore had decided to take her to the hospital at 10.00 am, as Pramila was carrying 9 months pregnancy and accordingly requested the accused to bring her back home by 10.00 am. 6. Thus deceased Pramila was happy in the matrimonial home. 7. The accused has infringed the right to life of Pramila as well as her 9 months old quick unborn child. 8. The medical evidence shows that Pramila died due to strangulation by the string/ rope (Article-B). 9. The accused confessed immediately after the incident before PW2 that Pramila had spoiled his reputation, in order to justify his act. 10. He also said that PW2 was not concerned with the said act. 11. The gruesome act of the accused shocked the conscience of the society. 12. The accused has committed offence violating the principles under Article 21 of the Constitution of India.
Final Decision: The court confirmed the death sentence imposed by the trial court.
JUDGMENT :
SWAPNA S. JOSHI, J.
1. This appeal takes an exception to the Judgment and Order dated 19th June 2017 delivered by the Additional Sessions Judge, Nashik in Sessions Case No.364 of 2013 whereby the learned Additional Sessions Judge convicted the accused-respondent (hereinafter referred to as “accused” for the sake of brevity) under sections 302, 316 and 364 of the Indian Penal Code and accused was sentenced to suffer death for the offence punishable under Section 302 of the Indian Penal Code and directed to hang by neck till his death. He was also sentenced to suffer 10 years rigorous imprisonment and to pay a fine of Rs.5000/- for the offence punishable under Section 316 of the Indian Penal Code, in default he was sentenced to suffer six months simple imprisonment. The accused was further sentenced to suffer life imprisonment for the offence punishable under Section 364 of the Indian Penal Code.
2. The prosecution case in nutshell can be summarized as under :
Deceased Pramila was the daughter of accused and PW1 Smt. Aruna Kumbharkar. In the year 2013, Pramila performed love marriage with one Deepak Kamble resident of Kamgar Nagar. The said marriage was inter caste marriage. Accused did not like the same and therefore, he had grudge in his mind against his daughter Pramila. On the date of incident i.e. 28th June 2013 at about 5.30 am the accused went to the house of his neighbour, PW2 Pramod Ahire the complainant who was an auto-rickshaw driver. Accused informed to PW2 that his brother Navnath met with an accident and he was required to proceed to Kailash Nagar, Nandurnaka. The accused requested PW2 to take his auto-rickshaw towards Kailas Nagar. Accordingly, the accused along with PW2 proceeded in the said auto-rickshaw towards Malegaon stand at Panchavati, Nashik. At that place accused met with one of his friends. At that time accused informed to PW2 Pramod Ahire that there was no occurrence of accident of his brother however, his mother was serious and her last wish was to see Pramila. The accused told PW2 that they will pick up Pramila from Mahatma Nagar, Nashik and would take her to his mother. Thereafter, they proceeded by auto-rickshaw to the house of Pramila. Pramila was present in the house. Accused told mother-in-law of Pramila that his mother was interested to meet his daughter as she was seriously ill. The accused requested mother-in-law of Pramila to send her with him. Mother-in-law of Pramila informed to the accused that she was carrying nine months pregnancy and her appointment with Doctor was at 11.00 am. The accused said that he would bring Pramila back by 10.00 am. Thereafter accused along with Pramila proceeded by auto-rickshaw. PW2 filled up Petrol Pump at Trimbak Naka. Thereafter as per the directions of the accused auto-rickshaw proceeded towards KTHM College. The accused then asked PW2 to stop auto-rickshaw to Pandit colony. Thereafter, the accused instructed PW2 to take his auto-rickshaw towards Gangapur Naka. The accused then asked PW2 to take auto-rickshaw towards Savkar Hospital. Accused then asked PW2 to call watchman of the hospital. Accordingly, PW2 entered inside the hospital and called the watchman. There was no one to respond his call. After some time one ward boy came there. Thereafter, PW2 returned towards his auto-rickshaw and at that point of time he saw Pramila lying down on the lap of the accused in the auto-rickshaw. Her neck was strangulated by rope and the foam had come out from her mouth. PW2 was shocked to see Pramila in the said condition. He immediately enquired with the accused as to what he was doing with his daughter. Accused said that he (PW2) has no concern with the said incident and Pramila has spoiled his reputation. PW1 raised an alarm and called the nearby people for help. No one helped PW2. The accused then left that place and fled away. Pramila fell down in the auto-rickshaw. PW2 took auto-rickshaw to Savkar hospital. He requested Doctor to see whether Pramila was a
