Bombay High Court Confirms Death Sentence for Double Murder of Wife and Child — Circumstantial Evidence and Motive of Suspicion of Infidelity Lead to Conviction Under Section 302 IPC.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution
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Case Note & Summary

The judgment pertains to the confirmation of a death sentence and an appeal against conviction for the murder of a wife and her six-year-old son. The incident occurred on the night of 17-18 April 2016 in Nashik. The accused, Ramdas Rangnath Shinde, was the landlord of the deceased's husband, Kacharu Sansare. The prosecution alleged that the accused suspected his wife of having an illicit relationship with the deceased husband, leading to the murders. The trial court convicted the accused under Section 302 IPC and sentenced him to death. The High Court, in the confirmation case and the appeal, examined the circumstantial evidence including motive, last seen evidence, recovery of the murder weapon, and the accused's conduct. The court found that the chain of circumstances was complete and established the guilt beyond reasonable doubt. On the question of sentence, the court held that the case fell within the rarest of rare category due to the brutal nature of the crime, the helplessness of the victims, and the lack of any mitigating circumstances. The High Court confirmed the death sentence and dismissed the appeal.

Headnote

A) Criminal Law - Circumstantial Evidence - Double Murder - Sections 302, 201 IPC - Conviction based on circumstantial evidence - The court examined the chain of circumstances including motive, last seen together, recovery of weapons, and conduct of accused - Held that the chain of circumstances was complete and pointed only to the guilt of the accused (Paras 2-30).

B) Criminal Law - Death Sentence - Confirmation - Section 302 IPC - Rarest of rare cases - The court considered the brutality of the crime, the age of victims, and the lack of any mitigating circumstances - Held that the case falls within the rarest of rare category and confirmed the death sentence (Paras 31-39).

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Issue of Consideration

Whether the conviction and death sentence of the accused for double murder under Section 302 IPC is sustainable on the basis of circumstantial evidence.

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Final Decision

The High Court confirmed the death sentence and dismissed the appeal.

Law Points

  • Circumstantial evidence
  • motive
  • last seen together
  • death sentence confirmation
  • Section 302 IPC
  • Section 354 CrPC
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Case Details

2019:BHC-AS:14358-DB

Confirmation Case No. 2 of 2018, Criminal Appeal No. 735 of 2018, Criminal Application No. 901 of 2018

2019-04-30

B.P. Dharmadhikari, Prakash D. Naik

2019:BHC-AS:14358-DB

Mrs. P.P. Shinde (APP for State), Mr. Aniket Nikam a/w Mr. Aashish Satpute, Mr. Nihal Mansuri, Mr. Vivek Arote, Mr. Piyush Toshniwal (for respondent/appellant)

State of Maharashtra

Ramdas Rangnath Shinde

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Nature of Litigation

Confirmation of death sentence and appeal against conviction for double murder.

Remedy Sought

State sought confirmation of death sentence; convict sought acquittal.

Filing Reason

Trial court sentenced accused to death under Section 302 IPC for murder of wife and son.

Previous Decisions

Sessions Judge, Nashik convicted and sentenced accused to death on 26/4/2018 in Sessions Case No. 189 of 2016.

Issues

Whether the conviction based on circumstantial evidence is sustainable. Whether the death sentence is appropriate in the rarest of rare category.

Submissions/Arguments

Prosecution argued that the chain of circumstances including motive, last seen, and recovery of weapon proved guilt. Defense argued that the evidence was insufficient and the case did not fall within the rarest of rare category.

Ratio Decidendi

The chain of circumstantial evidence was complete and pointed only to the guilt of the accused; the crime was brutal and fell within the rarest of rare category warranting death sentence.

Judgment Excerpts

The judgment and order dated 26/4/2018 delivered by Sessions Judge, Nashik in Sessions Case No.189 of 2016 sentencing the accused to death under section 302 IPC form the subject matter of this confirmation case. As per the case of prosecution, the incident of double murder has taken place in the night intervening 17th and 18th April, 2016.

Procedural History

The trial court convicted and sentenced the accused to death on 26/4/2018. The State filed Confirmation Case No. 2 of 2018 for confirmation of death sentence, and the convict filed Criminal Appeal No. 735 of 2018 against conviction. The High Court heard both matters together and pronounced judgment on 30/4/2019.

Acts & Sections

  • Indian Penal Code, 1860 (IPC): 302, 201
  • Code of Criminal Procedure, 1973 (CrPC): 354
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