Case Note & Summary
The Bombay High Court confirmed the death sentence of Sunil Rama Kuchkoravi for the brutal murder of his 60-year-old mother, Yallava, on 28 August 2017 at Makadwala Vasahat, Kolhapur. The convict, an alcoholic, used to harass his mother for her pension. On the fateful day, an eight-year-old girl (PW-6) saw the convict standing over his mother's dead body with blood on his hands, clothes, and mouth. The brother (PW-4) found the deceased naked, with her liver, intestines, heart, ribs, and breast eviscerated, and two knives and a chopper lying nearby. The convict was apprehended by the crowd and handed over to police. The prosecution examined 12 witnesses and relied on circumstantial evidence including motive, last seen, recovery of blood-stained weapons and clothes, DNA matching, and medical evidence. The trial court convicted him under Section 302 IPC and sentenced him to death. The High Court, in the confirmation reference under Section 366 CrPC, re-evaluated the evidence and found the chain of circumstances complete. It rejected the defenses of insanity and intoxication, noting no evidence of mental illness and that the convict was capable of forming intent. The court held that the murder was extremely brutal, gruesome, and diabolical, and that the convict showed no remorse. Applying the rarest of rare doctrine, the court confirmed the death sentence, finding no mitigating circumstances. The court also directed that the convict be provided with legal aid for filing an appeal before the Supreme Court.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - Conviction based on motive, last seen, recovery of blood-stained weapons and clothes, DNA matching, and medical evidence - Held that the chain of circumstances is complete and points only to the guilt of the convict (Paras 22-60).
B) Criminal Law - Death Sentence - Rarest of Rare - Aggravating and Mitigating Circumstances - Section 354(3) CrPC - Brutal and gruesome murder of mother by son, evisceration of body parts, no remorse - Held that the case falls within the rarest of rare category and death sentence is appropriate (Paras 61-80).
C) Criminal Law - Insanity Defense - Section 84 IPC - Burden on accused to prove unsoundness of mind - No evidence of mental illness - Held that the defense of insanity fails (Paras 50-55).
D) Criminal Law - Intoxication Defense - Section 85 IPC - Voluntary intoxication not a defense - Held that the convict was not so intoxicated as to be incapable of forming intent (Paras 56-58).
Issue of Consideration
Whether the conviction of the convict under Section 302 IPC and the sentence of death awarded by the Additional Sessions Judge, Kolhapur, deserves confirmation under Section 366(1) CrPC.
Final Decision
The Bombay High Court confirmed the death sentence awarded to the convict Sunil Rama Kuchkoravi under Section 302 IPC. The reference under Section 366(1) CrPC was answered in the affirmative, and the death sentence was upheld.
Law Points
- Circumstantial evidence
- motive
- last seen
- recovery of weapons
- DNA matching
- medical evidence
- Section 302 IPC
- death sentence
- rarest of rare
- aggravating and mitigating circumstances
- Section 366 CrPC
- Section 235(2) CrPC
- Section 164 CrPC
- Section 313 CrPC
- Section 354(3) CrPC
Case Details
2024 LawText (BOM) (10) 7
Confirmation Case No. 1 of 2021
Revati Mohite Dere, Prithviraj K. Chavan
Mrs. P.P. Shinde (APP for State), Dr. Yug Mohit Chaudhry (for respondent)
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Nature of Litigation
Reference under Section 366(1) CrPC for confirmation of death sentence awarded by the Additional Sessions Judge, Kolhapur.
Remedy Sought
Confirmation of death sentence of the convict by the High Court.
Filing Reason
The Additional Sessions Judge, Kolhapur, sentenced the convict to death for murder under Section 302 IPC and made a reference to the High Court for confirmation as required by law.
Previous Decisions
The Additional Sessions Judge, Kolhapur, in Sessions Case No. 6 of 2018, convicted the accused under Section 302 IPC and sentenced him to death on 08.07.2021. The convict did not appeal.
Issues
Whether the conviction of the convict under Section 302 IPC is sustainable on the basis of circumstantial evidence.
Whether the death sentence awarded by the trial court is appropriate and falls within the rarest of rare category.
Submissions/Arguments
The prosecution argued that the convict brutally murdered his mother, eviscerated her body parts, and the evidence including motive, last seen, recovery of weapons, DNA, and medical evidence proves his guilt beyond reasonable doubt.
The defense argued that the convict was insane and intoxicated at the time of the incident, and that the case does not fall within the rarest of rare category.
Ratio Decidendi
The court held that the chain of circumstantial evidence was complete and pointed only to the guilt of the convict. The murder was extremely brutal, gruesome, and diabolical, with evisceration of body parts, and the convict showed no remorse. The defenses of insanity and intoxication were rejected. Applying the rarest of rare doctrine, the death sentence was confirmed as the only appropriate punishment.
Judgment Excerpts
This is a most brutal, barbaric and gruesome murder of a 60 years old mother by her son on the fateful day of 28.08.2017 at Makadwala Vasahat, Kolhapur.
The Additional Sessions Judge convicted the accused of the offence punishable under Section 302 of the Indian Penal Code and sentenced him to hang by neck, till he is dead.
The convict was accustomed to consume liquor. He used to harass his wife. The wife could not tolerate harassment at the hands of the convict and, therefore, she deserted him with three daughters and a son and came to Mumbai.
PW-6 Rakshata, an eight year old girl, first noticed Yellava murdered in her house and her dead body lying in a pool of blood. She also noticed convict standing over there, whose hands, clothes as well as mouth were smeared with blood.
PW-4 Raju rushed to the spot of incident only to witness the horrendous crime, wherein his mother was lying on the floor naked, in a pool of blood and her body parts i.e. liver, intestine, heart, rib and breast were eviscerated outside.
PW-11 Bhausaheb Malgunde, Police Sub-Inspector, had noticed that the heart of the deceased Yallava was kept in a platter and ribs were inserted in an oil bottle.
The learned Judge in the judgment, has considered not only the nature of evidence and the mode and manner in which the convict had committed the murder of his mother, but also made elaborate discussion on the motive, defence of the convict as to intoxication, insanity, false implication and delay in lodging an FIR etc.
The Additional Sessions Judge had given pre-sentence hearing as mandated in Section 235(2) of the Cr.P.C. to both the prosecution and the defence and had concluded that convict deserves death penalty and, therefore, awarded sentence of death.
Procedural History
On 28.08.2017, the murder occurred. FIR was registered as C.R. No. 347 of 2017. Investigation was conducted, and a charge-sheet was filed. The case was committed to the Sessions Court, Kolhapur, as Sessions Case No. 6 of 2018. The trial court framed charges under Section 302 IPC. The convict pleaded not guilty. After trial, the Additional Sessions Judge convicted the convict under Section 302 IPC and sentenced him to death on 08.07.2021. The convict did not appeal. The trial court made a reference under Section 366(1) CrPC to the High Court for confirmation of the death sentence. The High Court heard the confirmation case and delivered judgment on 01.10.2024.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 84, 85
- Code of Criminal Procedure, 1973 (CrPC): 366, 235(2), 164, 313, 354(3)
