Case Note & Summary
The case arises out of a death confirmation reference and criminal appeal filed by the accused against the judgment of the Additional Sessions Judge, Greater Mumbai, convicting him for murder and causing grievous hurt by acid attack. The victim, Preeti Amarsingh Rathi, a newly selected Nursing Officer in the Military Nursing Services, boarded the Garibrath Express from Delhi to Mumbai on 1 May 2013 with her father, uncle, and aunt. Upon arrival at Bandra Terminus the next morning, an unknown person threw sulphuric acid on her face and body before fleeing. The acid also splashed on her relatives and bystanders. The victim was rushed to a nearby hospital and later shifted to Masina Hospital and then Bombay Hospital due to the severity of her injuries. She developed tracheaoesophageal fistula and remained on ventilator support until her death on 1 June 2013 from septicemia due to acid burns. The initial investigation by the railway police led to the arrest of one Pawan Kumar, but he was later exonerated when his alibi was proved. The investigation was transferred to the DCB, CID, Mumbai, which uncovered the role of the accused, Ankur Narayanlal Panwar. He was found to have burn injuries on his hands and, through his disclosure statement under Section 27 of the Indian Evidence Act, the source of the acid was traced to a shop where he had obtained it under the pretext of starting a battery business. Witnesses identified him in a test identification parade. The trial court, after evaluating ocular, medical, and circumstantial evidence of 37 witnesses, convicted the accused under Section 302 of the Indian Penal Code and sentenced him to death, subject to confirmation by the High Court. He was also convicted under Section 326B IPC for causing burns to other persons and acquitted under Section 326A IPC. The accused appealed against the conviction, and the State sought confirmation of the death sentence. The High Court's judgment dated 12 June 2019 presumably confirmed the death sentence and dismissed the appeal, but the excerpt provided only narrates the prosecution's case and the trial court's findings, without recording the High Court's own analysis or final verdict.
Issue of Consideration
CRIMINAL CONFIRMATION CASE NO.3 OF 2016
Case Details
2019 LawText (BOM) (06) 88
Criminal Confirmation Case No. 3 of 2016 with Criminal Appeal No. 139 of 2017
B.P. Dharmadhikari, Prakash D. Naik
A.M. Chimalkar, Siddharth Jagushte, Tusshar Nirbhavne, P.P. Shinde, Trideep Pais, Vijay Hiremath, Anshu Raj Singh, Sanya Kumar
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Nature of Litigation
Criminal confirmation case and criminal appeal from conviction and death sentence for murder by acid attack.
Remedy Sought
Confirmation of death sentence by State; acquittal by accused in appeal.
Filing Reason
Death sentence reference under Section 366 CrPC; appeal against conviction under Sections 302, 326B IPC.
Previous Decisions
Sessions Case No.311 of 2014 decided on 8 September 2016 by Additional Sessions Judge, Greater Mumbai, convicting accused under Section 302 IPC and sentencing to death, convicting under Section 326B IPC, and acquitting under Section 326A IPC.
Issues
Whether the conviction under Section 302 IPC and the imposition of death penalty were justified.
Submissions/Arguments
Accused claimed false implication and alibi, stating he was in Orissa and Delhi at the time; prosecution relied on identification by eye witnesses, disclosure statement, recovery of acid container, and forensic evidence.
Judgment Excerpts
This confirmation case is on the basis of death confirmation reference made by Additional Sessions Judge... vide judgment and order dated 8th September 2016 passed in Sessions Case No.311 of 2014.
The appellantaccused has been convicted for the offence punishable under Section 302 of Indian Penal Code (`IPC') and sentenced to death and be hanged by the neck till he is dead, subject to confirmation by Bombay High Court.
The Trial Court recorded findings that the prosecution has proved that on 1st June 2014 Preeti died by homicidal death. The prosecution also proved that the accused intentionally plunged the acid on Preeti on 2nd May 2014 at Bandra Railway Terminus on platform no.3 causing her death and committed murder punishable u/s 302 of IPC.
It was also held that the prosecution has proved that the accused voluntarily threw acid with intention of causing burns and caused burns to Amarsingh Rathi, Smt.Sunita Dahiya, Smt.Sudeshna Kumari Singh and Sameer Shaikh and committed offence punishable u/s 326B of IPC. Whereas, it was held that the offence u/s 326A of IPC has not been proved.
Procedural History
On 1 May 2013, victim and family boarded Garibrath Express from Delhi to Mumbai. On 2 May 2013, they arrived at Bandra Terminus; victim was attacked with acid. FIR No.36/2013 registered under Sections 307, 326A, 326B IPC. Victim treated at multiple hospitals; died on 1 June 2013. Section 307 converted to 302. Investigation transferred to DCB CID. Accused arrested on 17 January 2014. Charge sheet filed; case committed to Sessions Court on 28 April 2014. Charge framed on 21 August 2014. Trial commenced; 37 witnesses examined. Statement of accused under Section 313 CrPC recorded. Trial concluded; judgment delivered on 8 September 2016 convicting under Sections 302 and 326B IPC, sentencing to death. Death reference made to High Court. Appeal filed by accused. High Court reserved judgment on 28 March 2019 and pronounced on 12 June 2019 (excerpt incomplete).
Acts & Sections
- Indian Penal Code: 302, 326A, 326B
- Code of Criminal Procedure, 1973: 366(1), 313
- Indian Evidence Act, 1872: 27
