Case Note & Summary
The criminal appeal was filed by Mankarnabai against the judgment dated 26 June 2001 of the Sessions Judge, Dhule, convicting her under Section 302 IPC and sentencing her to life imprisonment for the murder of her two minor daughters Monali (3 years) and Swati (1½ years). The prosecution case was that on 28 August 1998, the accused, who was the younger sister of Mirabai and co-wife of Shankar Keshav Patil, left her home with the two children around 11:30 am, telling a neighbour she was going to the field. She was seen by several witnesses going towards a well with the children, and later seen alone, walking fast and looking around, without the children. At about 5:00 pm, the bodies of the two girls were found floating in a well owned by Zavaru Sonka Patil and Rajendra Nimba Patil. Postmortem revealed death due to asphyxia following drowning. The accused absconded and was arrested two months later. The trial court convicted her based on circumstantial evidence including last seen together, her abnormal behavior, and absconding. In appeal, the appellant argued that the case was based solely on circumstantial evidence which did not form a complete chain; that the medical evidence indicated that bodies cannot float within such a short time, making the prosecution story improbable; that there was no motive; and that 'last seen' alone was insufficient. The State supported the conviction, arguing that the chain of circumstances was proved beyond reasonable doubt. The High Court heard the appeal, reserved judgment on 4 July 2017, and pronounced it on 10 July 2017. The provided judgment excerpt does not include the court's analysis and final decision.
Issue of Consideration
Whether the prosecution's circumstantial evidence proved beyond reasonable doubt that the accused committed murder of her two minor daughters by drowning them in a well?
Case Details
2017 LawText (BOM) (07) 46
Criminal Appeal No.327 of 2001
S.S. Shinde, S.M. Gavhane
Mr. Bharat S. Deokar for Appellant, Mr. S.D. Ghayal A.P.P. for Respondent
Mankarnabai w/o Shankar Patil
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought to set aside conviction and sentence for offence under Section 302 IPC, and acquittal.
Filing Reason
Accused was convicted by Sessions Judge, Dhule for murdering her two minor daughters; appeal filed on grounds of insufficient circumstantial evidence and lack of direct evidence.
Previous Decisions
Sessions Court convicted the accused under Section 302 IPC and sentenced life imprisonment on 26 June 2001.
Issues
Whether the circumstantial evidence adduced by the prosecution was sufficient to prove the guilt of the accused beyond reasonable doubt?
Whether the testimony of witnesses regarding the accused being last seen with the deceased and her subsequent abscondance formed a complete chain of evidence?
Whether the medical evidence regarding the time taken for bodies to float contradicted the prosecution version?
Submissions/Arguments
Appellant argued that conviction based solely on circumstantial evidence with no eyewitness; chain of circumstances not proved beyond doubt; contradictions in witness statements; medical science suggests body takes at least 24 hours to float, making prosecution story improbable; no motive to kill own daughters; last seen alone insufficient to convict.
Respondent contended that the chain of circumstances was complete and proved beyond reasonable doubt; the trial court properly appreciated evidence and convicted accordingly; the appeal should be dismissed.
Judgment Excerpts
The accused threw her both daughters in the water of the well with an intention that they would die by drowning.
There is no direct evidence against the accused. He further submits that the chain of circumstances on which reliance was placed by the prosecution, has not been established beyond reasonable doubt.
Procedural History
Sessions Case No.121 of 1998 was tried by Sessions Judge, Dhule, resulting in conviction under Section 302 IPC on 26 June 2001 with life imprisonment. Accused arrested on 28 October 1998. Investigation included registration of accidental death under AD No.22/1998 under Section 174 CrPC, later FIR filed and crime registered under CR No.75/1998. Appeal filed before High Court; hearing concluded; judgment reserved on 4 July 2017 and pronounced on 10 July 2017.
Acts & Sections
- Indian Penal Code, 1860: 302
- Code of Criminal Procedure, 1973: 174
