Case Note & Summary
The appellant, Sou. Chhaya @ Jayshri Hanmant Ingavale, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of her newborn twin children by drowning them in a well. She was married at age 15 to a man aged 40 without her consent and returned to her parental home after one month. She had an illicit relationship with Madhukar Vasant Jadhav and became pregnant. On 27 January 1991, she delivered twins in a jwar field, cut the umbilical cord with a blade, and after regaining consciousness, threw the newborns into a nearby well. The bodies were discovered four days later. The trial court sentenced her to life imprisonment. On appeal, the Bombay High Court considered whether the act amounted to murder under Section 302 IPC. The court noted the absence of premeditation and the appellant's mental state immediately after delivery. It held that the case fell under Exception 4 to Section 300 IPC (sudden fight in the heat of passion) and thus was culpable homicide not amounting to murder. The court acquitted the appellant of the charge under Section 302 IPC and set aside the life sentence, ordering her release.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Infanticide - Mother drowning newborn twins - Lack of premeditation - Held that the act was not murder but culpable homicide not amounting to murder as it occurred in a sudden fight or heat of passion after delivery, without prior planning (Paras 1-5).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for drowning her newborn twins is sustainable in law, considering the absence of premeditation and the mental state of the mother immediately after delivery.
Final Decision
The appeal is allowed. The conviction and sentence under Section 302 IPC are set aside. The appellant is acquitted and ordered to be released forthwith unless required in any other case.
Law Points
- Section 302 IPC
- Murder
- Culpable Homicide
- Exception 4 to Section 300 IPC
- Sudden Fight
- Mental State
- Intent
- Drowning of Newborn
- Acquittal
Case Details
2005 LawText (BOM) (04) 68
Criminal Appeal No.230 of 1995
S.S. Parkar, Anoop V. Mohta
Shri M.A. Patil (appointed for appellant, absent), Shri D.R. More (A.P.P. for respondent)
Sou. Chhaya @ Jayshri Hanmant Ingavale
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and life sentence imposed by the trial court.
Filing Reason
Appellant was convicted for murder of her twin newborns by drowning them in a well.
Previous Decisions
The Additional Sessions Judge, Satara convicted the appellant on 02/07/1992 and sentenced her to life imprisonment.
Issues
Whether the act of drowning newborn twins constitutes murder under Section 302 IPC or falls under an exception to culpable homicide.
Whether the mental state of the mother immediately after delivery negates the intent required for murder.
Submissions/Arguments
The appellant argued that there was no premeditation and the act occurred in a sudden fight or heat of passion after delivery.
The State argued that the act of drowning the twins was intentional and amounted to murder.
Ratio Decidendi
The act of drowning newborn twins by the mother immediately after delivery, without premeditation, falls under Exception 4 to Section 300 IPC (sudden fight in heat of passion) and is culpable homicide not amounting to murder, not murder under Section 302 IPC.
Judgment Excerpts
The mother-appellant was charged, tried and convicted for the offence under Section 302 of Indian Penal code for committing murder of her own twins by drowning them into the Well.
The appellant, thereafter, never returned back to her in laws’ house.
She became pregnant.
On 27/01/1991 at about 9 a.m. in the jwar field of Narayan Pandurang, she (Chhaya) delivered twin.
After gaining consciousness, she threw the newly born twins in the nearby Well, which was 8 feet away from the place of delivery.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Satara on 02/07/1992 for murder under Section 302 IPC and sentenced to life imprisonment. She appealed to the Bombay High Court, which heard the appeal and delivered judgment on 01/04/2005.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 300 Exception 4
