Case Note & Summary
The case involves the confirmation of a death sentence awarded to Eknath Kisan Kumbharkar by the Additional Sessions Judge, Nashik, for the murder of his pregnant daughter Pramila. The accused was convicted under Sections 302, 316, and 364 of the Indian Penal Code. The prosecution case was that the accused disapproved of his daughter's inter-caste love marriage with Deepak Kamble and held a grudge. On 28 June 2013, he lured her from her in-laws' house under the pretext of his mother's illness, took her in an auto-rickshaw driven by PW2 Pramod Ahire, and later murdered her. The body was recovered from a well. The medical evidence showed that Pramila was nine months pregnant and died due to drowning. The High Court, after reviewing the evidence, held that the circumstantial evidence, including the last seen theory and recovery of the body, established the accused's guilt beyond reasonable doubt. On the question of sentence, the court found that the murder was premeditated, brutal, and motivated by honour killing, with no mitigating circumstances. The court confirmed the death sentence, holding that the case falls within the 'rarest of rare' category.
Headnote
A) Criminal Law - Murder of Pregnant Daughter - Death Sentence Confirmation - Sections 302, 316, 364 Indian Penal Code, 1860 - The accused, father of the deceased, was convicted for kidnapping and murdering his pregnant daughter due to her inter-caste marriage. The High Court confirmed the death sentence, holding that the case falls within the 'rarest of rare' category as the murder was premeditated, brutal, and motivated by honour killing, and the victim was a pregnant woman. (Paras 1-45)
B) Evidence Law - Circumstantial Evidence - Last Seen Theory - The prosecution established a complete chain of circumstances, including the accused being last seen with the deceased, recovery of the body at his instance, and medical evidence confirming murder and pregnancy. The court held that the circumstantial evidence was sufficient to prove guilt beyond reasonable doubt. (Paras 2-30)
C) Sentencing - Rarest of Rare Doctrine - Aggravating and Mitigating Circumstances - The court found no mitigating circumstances and held that the murder of a pregnant daughter by her father for honour constitutes an exceptional case warranting death penalty. The sentence of death was confirmed. (Paras 31-45)
Issue of Consideration
Whether the conviction and death sentence awarded to the accused for the murder of his pregnant daughter, motivated by disapproval of her inter-caste marriage, is sustainable and whether the case falls within the 'rarest of rare' category warranting capital punishment.
Final Decision
The High Court confirmed the death sentence awarded to the accused under Section 302 IPC and upheld the convictions under Sections 316 and 364 IPC. The confirmation case was disposed of accordingly.
Law Points
- Death sentence confirmation
- Rarest of rare doctrine
- Murder of pregnant daughter
- Motive of honour killing
- Circumstantial evidence
- Last seen theory
- Section 302 IPC
- Section 316 IPC
- Section 364 IPC
Case Details
2019 LawText (BOM) (08) 84
Confirmation Case No.3 of 2017
B.P. Dharmadhikari, Mrs. Swapna S. Joshi
Mrs. P.P. Shinde (APP for State), Mr. Rohan R. Sonawane (for Respondent)
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Nature of Litigation
Confirmation of death sentence by the High Court under Section 366 CrPC for conviction under Sections 302, 316, 364 IPC.
Remedy Sought
The State sought confirmation of the death sentence awarded to the accused by the trial court.
Filing Reason
The trial court sentenced the accused to death for murdering his pregnant daughter; the case was referred to the High Court for confirmation of the death sentence.
Previous Decisions
The Additional Sessions Judge, Nashik convicted the accused and sentenced him to death on 19 June 2017 in Sessions Case No.364 of 2013.
Issues
Whether the conviction of the accused under Sections 302, 316, and 364 IPC is sustainable on the basis of circumstantial evidence.
Whether the death sentence awarded to the accused is appropriate and whether the case falls within the 'rarest of rare' category.
Submissions/Arguments
The prosecution argued that the accused had a motive due to his daughter's inter-caste marriage, and the circumstantial evidence, including last seen together and recovery of body, proved his guilt.
The defence argued that the evidence was insufficient and the death sentence was not warranted as the case did not fall within the 'rarest of rare' category.
Ratio Decidendi
The court held that the circumstantial evidence, including the accused being last seen with the deceased and the recovery of the body at his instance, established guilt beyond reasonable doubt. The murder of a pregnant daughter by her father for honour killing constitutes the 'rarest of rare' case, warranting the death penalty.
Judgment Excerpts
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 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.
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.
Procedural History
The trial court (Additional Sessions Judge, Nashik) convicted the accused on 19 June 2017 in Sessions Case No.364 of 2013 under Sections 302, 316, and 364 IPC and sentenced him to death. The case was referred to the High Court for confirmation of the death sentence under Section 366 CrPC. The High Court heard the confirmation case and delivered judgment on 6 August 2019, confirming the death sentence.
Acts & Sections
- Indian Penal Code, 1860: 302, 316, 364
