Case Note & Summary
The case pertains to the confirmation of death sentence awarded to Mahendra Bhaskar Pavre by the Additional Sessions Judge, Mehkar, in Sessions Trial No.42/2014 for the murder of his two minor daughters, Kalyani (5 years) and Shital (2 years). The prosecution case was that on 24.01.2014, the accused returned home in an inebriated condition, quarreled with his wife Chhaya, and slapped his father-in-law Tejrao. The next morning, on 26.01.2014, the accused took his two daughters on the pretext of buying biscuits and chocolates, and threw them into a well in the field of Arjunrao. He later informed Bhimrao Salve about the act. The bodies were recovered, and post-mortem confirmed drowning as the cause of death. The accused was charged under Sections 302 and 376 IPC, but the trial court acquitted him of the rape charge. The High Court considered the confirmation case and the appeal against conviction. The court analyzed the circumstantial evidence, including the last seen theory, the accused's extra-judicial confession to Bhimrao, and the medical evidence. The court held that the chain of circumstances was complete and the prosecution had proved its case beyond reasonable doubt. On the question of sentence, the court noted that the accused had committed a premeditated and brutal murder of his own defenseless children without any provocation, and showed no remorse. The court concluded that the case fell within the 'rarest of rare' category and confirmed the death sentence. The appeal against conviction was dismissed.
Headnote
A) Criminal Law - Death Sentence - Rarest of Rare Doctrine - Section 302, Indian Penal Code, 1860 - Confirmation of death sentence for murder of two minor daughters by throwing them into a well - Court held that the act was premeditated, brutal, and without any provocation, and the accused showed no remorse - The case falls within the 'rarest of rare' category, warranting death penalty (Paras 1-10). B) Evidence Law - Circumstantial Evidence - Last Seen Theory - Sections 106, 114, Indian Evidence Act, 1872 - Accused was last seen with the deceased children and soon after informed a witness that he had thrown them into a well - Court held that the chain of circumstances was complete and pointed only to the guilt of the accused (Paras 3-5). C) Criminal Law - Motive - Section 8, Indian Evidence Act, 1872 - Accused had quarreled with his wife the previous night and was in an inebriated condition - Court held that the motive was established by the prior altercation and the accused's conduct (Paras 2-3).
Issue of Consideration
Whether the death sentence imposed on the accused for the murder of his two minor daughters is sustainable and whether the case falls within the 'rarest of rare' category.
Final Decision
The High Court confirmed the death sentence awarded to Mahendra Bhaskar Pavre and dismissed his appeal against conviction.
Law Points
- Death sentence confirmation
- Rarest of rare doctrine
- Section 302 IPC
- Section 376 IPC
- Circumstantial evidence
- Motive
- Premeditation
- Brutality
- Child victim
- Dying declaration
- Last seen theory
