Case Note & Summary
The High Court of Judicature at Bombay, Bench at Aurangabad, heard Confirmation Case No. 1 of 2019 along with Criminal Appeals No. 810 of 2019 and 808 of 2019 arising from the judgment and order of conviction dated 18.07.2019 passed by the Additional Sessions Judge, Bhokar in Sessions Case No. 24 of 2017. The case involved the honour killing of Pooja, the younger sister of appellant-accused Digambar, and her lover Govind. Deceased Pooja was married to Jethiba Hashanna Varshewar on 10.06.2017, but she had a prior love affair with Govind. On 22.07.2017, Pooja left her matrimonial home without informing anyone, leading her husband to file a missing report. Appellant-accused Digambar suspected that she had eloped with Govind and made several phone calls to him, but Govind denied her presence. Later that evening, Pooja contacted Govind and went to the house of Govind's sister in village Kharbala, Telangana, where Govind was staying with his brother-in-law PW-5 Shankar Gade. PW-5 objected to their relationship but Pooja insisted on staying with Govind. On 23.07.2017, at around 8-9 a.m., appellant-accused Digambar and co-accused Mohan arrived at PW-5's house, found Pooja, and convinced her to accompany them by falsely promising to get her married to Govind at Basar. All four left on Mohan's motorcycle. After their departure, PW-5 called Govind, who informed him they were near Beltaroda; Digambar then switched off the phone. Later, PW-5 learned from a relative that police had informed about the murders of Govind and Pooja between Divshi and Nigwa. PW-7 Head Constable Sudam Thakre, upon receiving information at 14:15 hours on 23.07.2017, rushed to the spot and found an injured Pooja, who died soon after, and Govind's dead body on the riverbank. PW-8 PSI Sushilkumar Chavan took over the investigation; appellant-accused Digambar voluntarily surrendered at Bhokar Police Station around 14:00 hours and confessed to the murders, recorded as Exhibit 63. The investigation included spot panchanama, seizure of a sickle, collection of call detail records, and recording of statements under Section 164 CrPC. The prosecution charged the accused under Sections 302, 201, 120-B read with Section 34 IPC. The Additional Sessions Judge, Bhokar, framed charges, examined eight prosecution witnesses and three defence witnesses, and recorded the accused's statements under Section 313 CrPC. The accused raised the issue of territorial jurisdiction, arguing that the spot of incident fell within Telangana, not Maharashtra, and moved an application under Section 310 CrPC for spot visit. The court visited the spot and prepared rough maps. Ultimately, the trial court convicted both accused: Digambar was sentenced to death for each murder under Section 302 r/w 34 IPC, seven years rigorous imprisonment under Section 201 r/w 34 IPC, and life imprisonment under Section 120-B IPC; Mohan was sentenced to life imprisonment under Section 302 r/w 34 IPC, seven years under Section 201 r/w 34 IPC, and life imprisonment under Section 120-B IPC. The death sentence was referred to the High Court for confirmation. The present judgment excerpt does not include the High Court's final reasoning and order.
Headnote
Not mentioned as High Court's reasoning not provided
Issue of Consideration
CONFIRMATION CASE NO. 01 OF 2019
Final Decision
Not mentioned as High Court's final order not included in provided text
