Case Note & Summary
The High Court of Judicature at Bombay, Aurangabad Bench, jointly heard the Criminal Confirmation Case No. 02 of 2020 and Criminal Appeal No. 398 of 2020. The Confirmation Case arose from the trial court's death sentence to accused Krishna Sitaram Pawar, while the appeal was filed by the accused challenging his conviction and sentence. The prosecution case was that on 24 October 2015, the accused attacked his pregnant wife Lalita, her mother Sumanbai, and her aunt Alkabai with a knife at Ambedkar Chowk, Ambad, due to his suspicion about his wife's character. Sumanbai died from liver stab injuries, and Lalita's full-term unborn child also perished. Lalita survived and testified against her husband. The trial court convicted the accused under Sections 302, 307, and 316 of the Indian Penal Code and, deeming it a rarest of rare case, imposed the death penalty. The High Court reserved judgment after extensive hearings and pronounced it on 22 December 2020. The excerpt does not include the court's analysis or final decision, but details the prosecution's evidence, including the postmortem report, eyewitness accounts, and the circumstances leading to the incident.
Issue of Consideration
Whether the prosecution has proven the charges under Sections 302, 307, 316 IPC beyond reasonable doubt, and whether the death penalty should be confirmed.
Final Decision
The High Court's final decision on the appeal and confirmation is not contained in the provided portion of the judgment.
Law Points
- Section 366 Code of Criminal Procedure
- 1973
- Section 302 Indian Penal Code
- Section 307 Indian Penal Code
- Section 316 Indian Penal Code
- rarest of rare doctrine
- appreciation of eyewitness testimony
Case Details
2020 LawText (BOM) (12) 9
Criminal Confirmation Case No. 02 of 2020 with Criminal Appeal No. 398 of 2020
Ravindra V. Ghuge, B. U. Debadwar
Shri K.S. Patil, Assistant Public Prosecutor for State; Shri Rajendra Deshmukh, Senior Counsel with Shri Devang R. Deshmukh, Shri Govind A. Kulkarni, Shri B.N. Gadegaonkar for Accused
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Nature of Litigation
Criminal appeal against conviction and confirmation of death sentence.
Remedy Sought
Accused seeks quashing of conviction and sentence; State seeks confirmation of death sentence.
Filing Reason
Accused convicted for murder of his mother-in-law Sumanbai and his unborn child, and attempt to murder his wife Lalita and her aunt Alkabai.
Previous Decisions
Additional Sessions Judge, Jalna in Sessions Case No. 26/2016 convicted and sentenced accused to death on 18.06.2020.
Issues
Whether the prosecution has proved the charges under Sections 302, 307, 316 IPC beyond reasonable doubt based on the evidence of witnesses, particularly the injured eyewitness and the brother-in-law?
Whether the death penalty imposed on the accused is justified under the rarest of rare doctrine, or should be commuted to life imprisonment?
Submissions/Arguments
Prosecution contended that the oral testimony of Lalita (PW-5), the wife of the accused and an injured witness, is reliable and proves the guilt. The motive was the accused's suspicion about his wife's character and his assault on her earlier. Akash (PW-4), the brother, saw the accused standing near the victims with a blood-stained knife. The non-examination of certain other witnesses does not affect the prosecution case. The brutal killing of the pregnant woman's mother and the unborn child, along with the attack on the wife and aunt, makes it a rarest of rare case warranting death penalty.
Accused's arguments not detailed in the provided excerpt.
Judgment Excerpts
“ Hai maujazan ek kulzum-e-khoon kaash yahi ho Aataa hai abhi dekhiye kya kya mere aage” – Mirza Ghalib
Injury to her liver, 3 cm long penetrating through and through whole liver.
the accused Krishna was doubting the character of his wife Lalita
Procedural History
FIR registered on 24.10.2015 by Akash Dwarkadas Rathod; investigation conducted; chargesheet filed; trial in Sessions Case No. 26/2016 before Additional Sessions Judge, Jalna; on 18.06.2020, the accused was convicted under Sections 302, 307, 316 IPC and sentenced to death; High Court's confirmation case and the accused's appeal heard together; judgment reserved on 27.11.2020 and pronounced on 22.12.2020.
Acts & Sections
- Indian Penal Code, 1860: 302, 307, 316
- Code of Criminal Procedure, 1973: 366
