Case Note & Summary
The appellant, Smt. Rekha Jaysingh Kurhade, was convicted by the Additional Sessions Judge, Thane in Sessions Case No. 455 of 1987 for the murder of her three daughters under Section 302 of the Indian Penal Code and for attempting to commit suicide under Section 309 IPC. The prosecution case was that on 14 August 1986, one Yashoda Karande informed the police that the accused and her three daughters were found unconscious in their house. They were removed to hospital at Vashi, where the three daughters died, but the accused survived. The police investigated and arrested the accused on 15 February 1987, charging her with murdering her daughters by administering poison and attempting to commit suicide by consuming poison herself. The trial court convicted her, and she appealed to the Bombay High Court. The High Court, after scrutinizing the evidence, found that the prosecution had failed to prove that the accused administered poison to her daughters. The evidence only showed that the accused and her daughters were found unconscious and the daughters died. There was no evidence to establish who administered the poison or that the accused had the intention to kill. The court held that the circumstantial evidence did not form a complete chain pointing to the guilt of the accused. Similarly, for the charge under Section 309 IPC, there was no evidence that the accused voluntarily consumed poison with the intent to die. The court therefore allowed the appeal, set aside the conviction and sentence, and acquitted the accused.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires that the circumstances must be fully established and must form a complete chain pointing to the guilt of the accused - In the present case, the prosecution failed to prove that the accused administered poison to her daughters - The only evidence was that the accused and her daughters were found unconscious and the daughters died - No evidence of who administered poison - Held that the conviction cannot be sustained (Paras 1-5).
B) Criminal Law - Attempt to Commit Suicide - Section 309 Indian Penal Code, 1860 - The accused was charged with attempting to commit suicide by consuming poison - However, the prosecution did not lead any evidence to show that the accused voluntarily consumed poison with intent to die - The mere fact that she was found unconscious is insufficient - Held that the conviction under Section 309 IPC is also unsustainable (Paras 1-5).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder of her three daughters and under Section 309 IPC for attempt to commit suicide is sustainable on the basis of circumstantial evidence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Circumstantial evidence
- burden of proof
- presumption of innocence
- Section 302 IPC
- Section 309 IPC
Case Details
2005 LawText (BOM) (07) 67
Criminal Appeal No. 656 of 1997
V.G. Palshikar, R.C. Chavan
Mr. A.P. Mundargi for appellant, Mrs. P.H. Kantharia for respondent
Smt. Rekha Jaysingh Kurhade
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Nature of Litigation
Criminal appeal against conviction for murder and attempt to commit suicide.
Remedy Sought
Appellant sought acquittal by setting aside the conviction and sentence.
Filing Reason
Appellant was convicted by the Additional Sessions Judge, Thane for murder of her three daughters and attempt to commit suicide.
Previous Decisions
The trial court convicted the appellant under Sections 302 and 309 IPC on 24.10.1997.
Issues
Whether the conviction under Section 302 IPC for murder of three daughters is sustainable on circumstantial evidence?
Whether the conviction under Section 309 IPC for attempt to commit suicide is sustainable?
Submissions/Arguments
Appellant argued that the prosecution failed to prove that she administered poison to her daughters.
Respondent argued that the evidence showed the accused and daughters were found unconscious and daughters died, indicating guilt.
Ratio Decidendi
In a case based on circumstantial evidence, the circumstances must be fully established and must form a complete chain pointing to the guilt of the accused. The prosecution failed to prove that the accused administered poison to her daughters. The mere fact that the accused and her daughters were found unconscious and the daughters died is insufficient to sustain a conviction for murder. Similarly, for attempt to commit suicide, there must be evidence of voluntary consumption of poison with intent to die.
Judgment Excerpts
Being aggrieved by the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Thane in Sessions Case No.455 of 1987 on 24.10.1997 the appellant-accused has preferred this appeal.
With the assistance of the learned advocate for the appellant and the learned Public Prosecutor for the respondent we have scrutinized the entire evidence on record and reappreciated the same.
The prosecution case stated briefly is that the accused Rekha had three daughters from her marriage with P.W.1- Jaysingh Kurhade.
On 14.8.1986 one Yashoda Karande informed the police that the accused and her three daughters were in unconscious condition in their house.
They were removed to hospital at Vashi. All the three daughters died and the accused survived.
The police conducted investigation and arrested the accused on 15.2.1987 on the charge of having murdered her daughters and having attempted to commit suicide herself by administering poison and drinking it to herself.
The accused was accordingly charged under section 302 for murder of daughters and section 309 for attempt to commit suicide.
The prosecution examined in all nine witnesses.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Thane on 24.10.1997 in Sessions Case No. 455 of 1987. She appealed to the Bombay High Court, which heard the appeal and delivered judgment on 6 July 2005.
Acts & Sections
- Indian Penal Code, 1860: 302, 309
