Full Judgment Text
CONF2.12.final
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL CONFIRMATION CASE NO. 02 OF 2012
WITH
CRIMINAL APPEAL NO. 376 OF 2012.
CRIMINAL CONFIRMATION CASE NO. 02 OF 2012
The State of Maharashtra,
through Police Station Officer,
P.S. Jaripatka, Nagpur. ....PETITIONER.
// VERSUS //
Prakash Vinayakrao Shingnapure,
R/o Jagrut Nagar, Near Buddha
Vihar, Nagpur. ....RESPONDENT.
Mr. S.S. Doifode, Additional Public Prosecutor for petitioner State.
Mr. Ashwin Wasnik, Advocate for the respondent.
CRIMINAL APPEAL NO. 376 OF 2012
Prakash s/o Vinayakrao Shingnapure,
Aged about 38 years, Occ. Private,
R/o Jagrut Nagar, Near Buddha
Vihar, Nagpur (In Jail). ....APPELLANT.
// VERSUS //
The State of Maharashtra,
through Police Station Officer,
P.S. Jaripatka, Nagpur. ....RESPONDENT.
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Mr. Ashwin Wasnik, Advocate for the appellant.
Mr. S.S. Doifode, Additional Public Prosecutor for respondent State.
CORAM : A.P. LAVANDE & A.B. CHAUDHARI, JJ.
DATE OF RESERVING FOR JUDGMENT : JANUARY 9, 2013.
DATE OF PRONOUNCEMENT OF JUDGMENT: JANUARY 31, 2013.
JUDGMENT ( PER A.P. LAVANDE, J .)
1] Confirmation Case No. 2/12 and Criminal Appeal No.
376/12 are being disposed of by common judgment since they arise
out of judgment and order dated 30.5.2012 passed by Adhoc
Additional Sessions Judge1, Nagpur in Sessions Trial No. 461/11 by
which the appellant in Criminal Appeal No. 376/12 (hereinafter
referred to as “the accused”) has been convicted for the offence
punishable under Sections 302 & 309 of Indian Penal Code and
sentenced to death and to pay a fine of Rs.3,00,000/ (Three Lakhs)
and in default to suffer R.I. for five years for the offence punishable
under Section 302 of Indian Penal Code and to suffer R.I. for one
year and to pay a fine of Rs.500/, in default to suffer S.I. for one
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month for the offence punishable under Section 309 of Indian Penal
Code. Out of the fine amount if recovered, amount of Rs.2,50,000/
was ordered to be forwarded to the District Legal Aid Committee and
Rs.50,000/ to State of Maharashtra.
2] Briefly, the case of the prosecution is as under :
The accused was residing at Jagruti Nagar along with his
wife Pranita, daughter Shreya, his parents and two brothers PW.7
Anup and PW.8 Ajay and their family members. The accused had a
minor daughter by name Shreya, aged 13 years. On 7.4.2011 all the
family members took dinner and went to bed in their respective
rooms. At about 3.30 a.m. on 8.4.2011 the family members heard
shouts of Shreya “Save me, Save me”. All the family members woke
up and were frightened. They went towards the room of the accused.
All of them gave call to accused and there was no response from
inside. As such, brother of accused PW.7 Anup brought iron crowbar
and broke open the door of the room of the accused. All of them
noticed that Pranita, the wife of the accused and Shreya were
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murdered and accused was having multiple injuries on his person.
PW.7 Anup had a talk with the accused and he gave pant of the
accused to him since the accused was in underwear. In the said pant
Anup noticed one chit which he read and kept it under the bed. Anup
immediately reported the matter to police on phone and Ajay carried
accused for first aid to Mayo Hospital with the aid of neighbour.
Police Constable Shivlal Chhotelal Gour recorded the statement of
Ajay at Mayo Hospital and informed the incident to Jaripatka Police
Station. PW.19 PSI Dhurve rushed to the spot, prepared spot
panchnama and found two knives, one iron crowbar, blood stained
clothes and one chit. The same were seized under spot panchnama
(Exh. 36). Thereafter the statement of Anup was recorded by PSI,
Jaripatka (Exh.113 ) pursuant to which the FIR (Exh. 114 – printed
FIR) was registered under Sections 302 & 309 of Indian Penal Code.
The dead bodies were forwarded to Mayo Hospital for postmortem.
The statement of the accused was recorded by the Investigating
Officer. Natural writings from register of grocery shop of accused
were seized. At the time of conducting spot panchnama photographs
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were also taken. The accused was in hospital till 17.06.2011. On the
same day he was arrested. His specimen handwritings and
signatures were obtained in the presence of panchas and his blood
sample was seized. The muddemal articles were sent for chemical
analysis and the documents seized were sent for opinion of
handwriting expert. The statements of several witnesses were
recorded. The Investigating Officer also requested Executive
Magistrate PW.18 Vinod Meshram to record statement of the accused
since there were serious injuries on his person. The statement of the
accused was recorded by PW.18 on 20.4.2011. After completion of
the investigation, chargesheet was filed against the accused in the
Court of J.M.F.C., Nagpur for the offences punishable under Sections
302 & 309 of Indian Penal Code. Since the offences were exclusively
triable by the Court of Sessions, the case was committed to the Court
of Sessions, Nagpur.
3] The accused pleaded not guilty and claimed to be tried.
His defence is of total denial. In Sessions Case No. 461/11 the
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prosecution examined 20 witnesses and produced several documents
to prove the charges against the accused. The statement of the
accused under Section 313 of the Criminal Procedure Code was
recorded. The accused did not lead any evidence.
4] The learned trial Judge upon appreciation of the evidence
led by the prosecution held that both the offences were proved
beyond reasonable doubt against the accused. The learned trial
Judge for the purpose of holding that both the offences were made
out against the accused relied upon the following circumstances :
I. Death of both the deceased was homicidal,
II. Presence of serious injuries on the person of the accused and
nonexplanation of the same by the accused,
III. The accused was alone present in the room which was locked
from inside along with the deceased,
IV. Motive,
V. The accused claimed insurance amount from Life Insurance
Corporation by giving false information that his wife had died
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due to heart attack,
VI. The suicide note (Exh. 37) disclosed that the accused had
committed murder of his wife and daughter and had attempted
to commit suicide on account of financial crisis.
VII.The confessional statements made to PW.18 Vinod Meshram,
Executive Magistrate and PW.19 Ashok Dhurve, P.S.I.
VIII.Spot panchnama (Exh. 36), Inquest panchnama (Exhs. 9 &
10) and Chemical Analyser’s Report (Exh. 166).
5] The learned trial Court awarded death sentence to the
accused for the offence punishable under Section 302 of Indian Penal
Code on the ground that the aggravating circumstances clearly
outweighed the mitigating circumstances.
6] Mr. S.S. Doifode, learned Additional Public Prosecutor
submitted that the prosecution has been able to establish beyond
reasonable doubt that the accused committed murder of his wife
Pranita and daughter Shreya by brutally assaulting them with knives
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and the prosecution has also been able to prove that the accused
also committed offence of attempt to commit suicide. Mr. Doifode
further submitted that the murder was preplanned as is evident from
suicide note which the accused wrote prior to the assault. He further
submitted that the evidence of PW.7 Anup and PW.8 Ajay clearly
proves that the accused was found in the company of both the
deceased in the room which was locked from inside and the accused
having not given any probable explanation for several injuries on the
person of both the deceased as well as on himself, the prosecution
has been able to establish beyond reasonable doubt the offence
punishable under Sections 302 & 309 of Indian Penal Code. He
further submitted that the motive suggested in his statements as well
as in suicide note that the accused was having financial crisis has not
been established by the accused but on the contrary the conduct of
the accused in claiming and getting amount of Rs.3,00,000/ from LIC
on account of death of his wife Pranita and that too by claiming that
she died a natural death clearly proves that the accused wanted to
commit her murder for financial gains. He further submitted that the
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evidence of PW.7 & PW.8 clearly establishes that the accused was
not in financial crisis as suggested in the suicide note. It was further
submitted that the prosecution has been able to establish presence of
two blood stained knives and suicide note in the room in which the
accused was sleeping with his wife and daughter. It was further
submitted that the evidence of handwriting expert lends corroboration
to the prosecution case that the suicide note was written by the
accused himself and not planted as suggested by the accused. In so
far as the statement made by accused to PW.19 Ashok Dhurve which
was recorded by him is concerned, it cannot be treated as a dying
declaration but has to be treated as statement under Section 164 of
Criminal Procedure Code. It was further argued that in the statement
under Section 313 Criminal Procedure Code, the accused has not
come with any explanation regarding the presence of injuries on the
two deceased which resulted in the death and also the injuries
caused to himself and as such, the prosecution has been able to
establish both the offences against the accused. Lastly, Mr. Doifode
submitted that the learned trial Judge was perfectly justified in
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convicting the accused for both the offences for which the accused
has been convicted and imposing death sentence on him for the
offence punishable under Section 302 of Indian Penal Code. In
support of his submissions, the learned Additional Public Prosecutor
relied upon the following decisions :
I. AIR 2011 SC 3690 (Ajitsingh H. Gujral .vs. State of
Maharashtra),
II. 1996(8) SCC 110 (Umashankar Panda .vs. State of U.P.),
III. 2012(3) Scale 182 (Rajendra Wasnik .s. State of Maharashtra),
IV. AIR 2007 SC 607 (Bablu @ Mubarak Hussain .vs. State of
Rajasthan),
V. AIR 1996 SC 787 (Ravji .vs. State of Rajasthan),
VI. 2011 (4) Scale 809 (Md. Mannan .vs. State of Bihar).
VII.2004 (3) Crimes 19 (SC) (State of U.P. .vs. Veer Singh &
others),
VIII.2003 (1) Crimes 90 (SC) (Shrawan Bhadaji Bhirad &
others .vs. State of Maharashtra),
IX. 2012 All MR (Cri) 4135 (SC) (Manish Mubar .vs. State of
Haryana),
X. 2012 (1) SCC (Cri) 1035 (Shanmughan .vs. State of Kerala),
XI. 2004 (3) Crimes 19 (SC) (Doraiswamy .vs. State of U.P.),
XII.2012 All MR (Cri) 3483 (Prabhakar Hirkane .vs. State of
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Maharashtra).
7] Per contra, Mr. A. Wasnik, learned Counsel for the
appellant/ accused, submitted that the circumstantial evidence led by
the prosecution is not sufficient to prove beyond reasonable doubt the
offences for which he has been convicted and sentenced. The
learned Counsel further submitted that the suicide note has been
planted inasmuch as the same was found under the cot at the time of
spot panchnama. The learned Counsel further submitted that no
reliance can be placed on the testimony of PW.7 Anup and PW.8
Ajay, inasmuch as their evidence does not inspire confidence. The
learned Counsel further submitted that there is absolutely no
evidence led by the prosecution that it was the accused who stabbed
deceased Pranita and Shreya and in an attempt to commit suicide
caused injuries to himself. According to the learned Counsel, the
injuries to the deceased and to the accused were caused by one
Bihari boy who entered the room during the night through the window
of the room. The learned Counsel further submitted that the
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evidence led by the prosecution does not conclusively prove the
offence of murder and attempt to commit suicide by the accused
beyond reasonable doubt and, therefore, the judgment and order of
conviction passed by the learned trial Court deserves to be quashed
and set aside. In the alternative, the learned Counsel submitted that
the death sentence imposed on the accused for the offence
punishable under Section 302 of Indian Penal Code for causing
murder of Pranita and Shreya deserves to be set aside inasmuch as
mitigating circumstances clearly outweigh the aggravating
circumstances against the accused. The learned Counsel further
submitted that the accused does not have any criminal record and the
prosecution has not proved any motive for commission of the offence
alleged against him and considering the age of the accused, the
sentence of death imposed on the accused is totally disproportionate
and as such, deserves to be quashed and set aside. In support of his
submissions, the learned Counsel relied upon the judgment of Apex
Court in the case of Sushil Kumar .vs. State of Punjab reported in
(2010) 1 SCC (Cri) 348 .
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8] We have carefully considered the rival submissions,
perused the record and the judgments relied upon.
9] Admittedly, there is no direct evidence against the
applicant and the evidence is of circumstantial nature. The
prosecution, in order to prove the offences against the accused, has
relied upon the following circumstances :
I. Death of both the deceased was homicidal,
II. Presence of serious injuries on the person of the accused and
nonexplanation of the same by the accused,
III. The accused was alone present in the room which was locked
from inside along with the deceased,
IV. Motive,
V. The accused claimed insurance amount from Life Insurance
Corporation by giving false information that his wife had died
due to heart attack,
VI. The suicide note (Exh. 37) disclosed that the accused had
committed murder of his wife and daughter and had attempted
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to commit suicide on account of financial crisis.
VII.The confessional statements made to PW.18 Vinod Meshram,
Executive Magistrate and PW.19 Ashok Dhurve, P.S.I.
VIII.Spot panchnama (Exh. 36), Inquest panchnama (Exhs. 9 &
10) and Chemical Analyser’s Report (Exh. 166).
10] In so far as the first circumstance is concerned, i.e. the
death of Pranita and Shreya was homicidal, there is no serious
dispute. In order to prove the homicidal death of Pranita, prosecution
has examined PW.9 Narendra Kumar, who was Resident Doctor in
I.G.G.M.C. Hostel, at Nagpur. He deposed that he conducted post
mortem on the dead body of Pranita Shingnapure on 8.4.2011. He
found various cut marks on the clothes of the deceased as well as
various injuries on her person. He mentioned the cut marks present
on the clothes of deceased. He further deposed that he found the
following antemortem injuries on the body of the deceased :
(1) Incised wound present on front of neck in midline, 3 cm. below
chin, 9 cm. above suprasternal notch obliquely place of size 4.5 cm.
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x 0.5 cm. muscle deep.
(2) Stab wound present over front of neck on right side, 2.5 cm. from
midline, 4 cm. above medial end of right clavicle obliquely placed of
size 2 cm. x 1 cm. muscle deep with tailing present on lower end for
1.5 cm. both angels acute and margins sharp.
(3) Incise wound present over front of neck on right side, 2 cm. below
injury 2, obliquely placed of size 1.5 cm. x 1 cm. subcutaneous tissue
deep.
(4) Stab wound present in left supraclavicular region 5 cm. from
midline, 7 cm. from tip of shoulder, obliquely placed of size 2.5 cm. x
1 cm. cavity deep, both angels acute and margins sharp, directed
downwards, backwards and medially.
(5) Stab wound present in left supraclavicular region, 0.2 cm. below
injury 4 obliquely placed of size 2.5 cm. x 1 cm. cavity deep both
angles acute and margins sharp, directed downwards, backwards
and medially.
(6) Incised wound present over right infraclavicular region, 4 cm. from
midline, 2 cm. below and lateral to medial end of clavicle obliquely
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placed of size 1.5 cm. x 0.5 cm. muscle deep.
(7) Stab wound present over left breast areola, 1 cm. below nipple,
horizontally placed of size 4 cm. x 1 cm. cavity deep both angels
acute and margins sharp, directed backwards and medially,
underlying rib cut and separated.
(8) Stab would present over left breast, 2 cm. lateral to nipple,
vertically placed of size 2 cm. x 1 cm. muscle deep, upper angle
blunt, lower angle acute, levelling present on lateral margin.
(9) Incised wound present over left side of chest, 4 cm. lateral and
below to injury 8, vertically placed of size 1 cm. x 0.5 cm.
subcutaneous tissue deep.
(10) Stab wound present over left side of chest, 6 cm. below and
lateral to nipple, 1 cm. below injury 9 obliquely placed of size 2.5 cm.
x 1.5 cm. cavity deep, both angles acute and margins sharp, directed
backwards and medially, underlying rib cut.
(11) Stab wound present over left side of chest, 2.5 cms. from
midline, 6 cm and medial to left nipple, horizontally placed of size 2.5
cm. x 1 cm. cavity deep, both angles acute and margins sharp,
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directing backwards and medially.
(12) Stab wound present over right breast areola, situated 0.5 cm.
below right nipple, obliquely placed of size 3 cm. x 1.3 cm. cavity
deep, both angles acute and margins sharp, directed backwards and
th
intercostal muscle cut.
medially underlying 6
(13) Stab wound present over lower part of chest on right side
situated 5 cm. from midline, 11 cm. below right nipple, horizontally
placed of size 3.5 cm. x 1 cm. cavity deep, both angles acute,
th
costal
margins sharp, directed backwards and upwards, underlying 7
th
inter coastal space cut.
cartilage and muscles in 7
(14) Stab wound present over lower part of chest on right side in
anterior axillary line, situated 2.5 cm. lateral to injury (13), obliquely
placed of size 3.5 cm. x 1.3 cm. cavity deep, both angles acute and
th
rib
margins sharp, directed backwards and medially, underlying 8
th
intercostal space cut.
and muscles in 8
(15) Stab wound present over left epigastric region, 1.5 cm. from
midline, 3 cm below injury [11], obliquely placed of size 2.5 cm. x 1
cm. cavity deep, both angles acute and margins sharp, directed
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backwards and medially.
(16) Stabbed wound present over epigastric region in midline situated
0.2 cm. below injury [15], obliquely of size 4 cm. x 1.5 cm. cavity
deep, both angles acute and margins sharp, directed backwards.
(17) Stab wound present over left epigastric region situated 2 cm.
below injury [16], obliquely placed of size 3 cm. x 1 cm. cavity deep,
both angles acute and margins sharp, directed backward.
(18) Stab wound present over right hypochondriac region, situated
2.5 cm. below injury [14] obliquely of size 3.5 cm. x 1.3 cm. muscle
deep, levelling present on upper margin, both angles acute and
margin sharp.
(19) Stab wound present over umbilical region in midline situated 5
cm. above umbilicus obliquely placed of size 3.5 cm. x 1.5 cm. cavity
deep, coils of intestine along with mesentry protruding out through the
wound, both angles acute and margins sharp.
(20) Stab wound present over right hypochondriac region situated 4
cm. below injury [13], 3 cm. from midline obliquely placed of size 2
cm. x 0.5 cm. muscle deep, both angles acute and margin sharp.
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(21) Stab wound present over right hypochondriac region situated 1
cm. below and lateral to injury [20] obliquely placed of size 2.5 cm. x
0.5 cm. muscle deep, both angles acute and margin sharp.
(22) Stab wound present over right lumbar region situated 2 cm.
below injury [21], 5.5. cm. above and lateral to umblicus of size 1 cm.
x 0.5 cm. muscle deep, both angles acute and margins sharp.
(23) Stab wound present over right lumbar region situated 2 cm.
below injury [18], horizontally place of size 1.5 cm. x 0.5 cm. muscle
deep both angles acute and margins sharp.
(24) Stab wound present over right lumbar region situated 0.5 cm
below injury [23], horizontally placed of size 1.5 cm x 0.5 cm, muscle
deep, both angles acute and margins sharp.
(25) Stab wound present over right lumbar region situated 15 cm.
from midline, 8 cm below injury [10] of size 2 cm. x 0.5 cm. muscle
deep both angles acute and margin sharp.
(26) Stab wound present over left anterior superior iliac spine
obliquely placed of size 3 cm. x 2 cm. muscle deep, both angles
acute and margin sharp.
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(27) Through and through stab wound present over left thigh with
rd
part of thigh
entry wound present on lateral aspect of upper 1/3
situated 10 cm. below left anterior superior spine of size 3 cm. x 1.5
cm. muscle deep, directing upwards and medially leading to a exit
rd
part of thigh
wound present on anterolateral aspect of upper 1/3
situated 6 cm. below injury [26] of size 1 cm. x 0.5 both angles acute
and margin sharp.
(28) Stab wound present over posterolateral aspect of left thigh
situated 1.5 cm. below and lateral to entry wound of injury [27]
horizontally place of size 3 cm. x 1.5 cm. muscle deep, both angles
acute and margins sharp.
(29) Stab wound present over posterolateral aspect of left thigh
situated 0.5 cm. below and lateral to injury [28], obliquely placed of
size 3.5 cm. x 1.5 cm. muscle deep with tailing present over lower
angle for 1.5 cm. both angles acute and margins sharp.
(30) Stab wound present over posterolateral aspect of left thigh
situated 2.5 cm. below injury [29], horizontally placed of size 3.5 cm. x
1.2 cm. muscle deep both angles acute and margin sharp.
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rd
of left
(31) Stab wound present over lateral aspect of middle 1/3
thigh situated 22 cm. below left anterior superior iliac spine of size 3.5
cm. x 1.5 cm. muscle deep, both angles acute and margin sharp.
rd
left thigh
(32) Stab wound present over posterior aspect of lower 1/3
6 cm. below injury [31], obliquely placed of size 2.5 cm. x 1 cm.
muscle deep, both angles acute and margin sharp.
rd
of left
(33) Stab wound present over posterior aspect of lower 1/3
thigh situated 3.5 cm. below injury [32] obliquely placed of size 2.5
cm. x 1 cm. muscle deep, both angles acute and margin sharp.
rd
of left
(34) Stab wound present over posterior aspect of lower 1/3
thigh situated 7.5 cm. below injury [31] of size 2.5 cm. x 1 cm. muscle
deep, both angles acute and margin sharp.
rd
of left
(35) Stab wound present over anterior aspect of lower 1/3
thigh situated 6 cm. below and medially to injury [31], horizontally
placed of size 1.8 cm. x 1 cm. muscle deep, both angles acute and
margin sharp.
rd
of left
(36) Incised wound present over anterior aspect of middle 1/3
leg situated 9 cm. below tibial tuberosity obliquely placed of size 3
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cm. x 1 cm. subcutaneous tissue deep.
rd
of
(37) Stab wound present over anterolateral aspect of middle 1/3
right forearm situated 12.5 cm. above radial styloid process, obliquely
placed of size 3 cm. x 2 cm. muscle deep, both angles acute and
margin sharp.
(38) Stab wound present over anterior aspect of right forearms
situated 2.5 cm. medial to injury [37], obliquely placed of size 3 cm. x
1 cm. muscle deep, both angles acute and margin sharp.
(39) Abrasion present over front of right forearm situated 1 cm. above
injury [38] obliquely placed of size 2.5 cm. x 0.2 cm. dark red.
(40) Through and through stab wound present over left arm with entry
rd
of arm situated
wound present over posterior aspect of middle 1/3
18 cm below tip of left shoulder, vertically, placed of size 2 cm. x 1
cm. muscle deep directing forwards, upwards and medially leading to
rd
of arm of size
exit wound present over medial aspect of middle 1/3
0.5 cm. x 0.5 cm. both angles acute and margin sharp.
rd
of
(41) Stab wound present over posterolateral aspect of middle 1/3
left arm situated 12 cm. above left elbow joint, obliquely placed of size
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2 cm. x 1 cm. muscle deep both angles acute and margin sharp.
rd
of
(42) Stab wound present over posterolateral aspect of lower 1/3
left arm situated 1 cm. below injury [41], horizontally placed of size 4
cm. x 1 cm. muscle deep with tailing present over lateral angled for 1
cm. both angles acute and margin sharp.
rd
of
(43) Stab wound present over posterolateral aspect of lower 1/3
left arm situated 1 cm. below injury [42], obliquely of size 2.5 cm x 1
cm, muscle deep, both angles acute and margin sharp.
rd
of left arm
(44) Stab wound present over medial aspect of middle 1/3
situated 3 cm. below exit wound of injury [40], obliquely placed of size
0.2 cm. x 0.2 cm. muscle deep, both angles acute and margin sharp.
rd
of left arm
(45) Stab wound present over medial aspect of middle 1/3
situated 2 cm. below injury [44], of size 0.5 cm. x 0.5 cm. muscle
deep, both angles acute and margin sharp.
rd
of
(46) Stab wound present over right medial aspect of middle 1/3
left arm situated 4 cm. below injury [45], obliquely placed of size 0.5
cm. x 0.5 cm. muscle deep, both angles acute and margin sharp.
rd
of left arm
(47) Stab wound present over anterior aspect of lower 1/3
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situated 1.5 cm. below and lateral to injury [46], obliquely placed of
size 1.5 cm. x 0.5 cm. muscle deep, both angles acute and margin
sharp.
rd
of left arm
(48) Stab wound present over medial aspect of lower 1/3
situated 3 cm. below injury [47], vertically placed of size 2 cm. x 0.5
cm. muscle deep, both angles acute and margin sharp.
(49) Stab wound present over left cubital fossa, vertically placed of
size 2 cm. x 1 cm. muscle deep, both angles acute and margin sharp.
rd
of
(50) Stab wound present over posterolateral aspect of upper 1/3
left forearms situated 5 cm. below injury [43], obliquely placed of size
2 cm. x 1 cm. muscle deep, both angles acute and margin sharp.
rd
of
(51) Stab wound present over posterolateral aspect of upper 1/3
left forearms situated 1 cm. below injury [50], obliquely placed of size
2.5 cm. x 1 cm. muscle deep with tailing present over lower angles for
3 cm. both angle acute and margin sharp.
rd
of left
(52) Incised wound present over posterior aspect of middle 1/3
forearms, obliquely placed of size 2 cm. x 0.2 cm. subcutaneous
tissue deep.
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rd
part of left forearms on
(53) Linear abrasion present over lower 1/3
posterior aspect, horizontally placed of size 4 cm. x 0.3 cm. dark red.
rd
of left
(54) Linear abrasion present over posterior aspect of lower 1/3
forearms situated 2 cm. below injury [53] of size 4 cm. x 0.2 cm. dark
red.
rd
of left
(55) Incised wound present over anterior aspect of upper 1/3
forearms situated 6 cm. below left cubital fossa, horizontally placed of
size 1 cm. x 1 cm. subcutaneous tissue deep.
rd
of left
(56) Stab wound present over anterior aspect of lower 1/3
forearms situated 4 cm. above wrist joint, vertically; placed of size 2
cm x 1 cm, muscle deep, both angles acute and margin sharp.
rd
of left
(57) Stab wound present over anterior aspect of lower 1/3
forearms situated 2 cm above injury [56], horizontally placed of size 3
cm. x 1 cm. muscle deep, both angles acute and margin sharp.
(58) Stab wound present over back in right lumbar region situated 7
cm. above right iliac crest of size 2.2 cm. x 1 cm. cavity deep,
directing forward and medially, both angles acute and margin sharp.
(59) Stab wound present over back in right infrascapular region
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situated 5 cm. above injury [58], obliquely placed of size 2 cm. x 0.5
cm. cavity deep, directing forward and medially, both angles acute
and margin sharp.
(60) Stab wound present over back in left lumbar region situated 5.5.
cm. above left anterior superior iliac spine, obliquely placed of size
2.5 cm x 1.5 cm. cavity deep, Omentum protruding out though the
wound, both angles acute and margin sharp.
rd
(61) Contused abrasion present over back in midline of middle 1/3
region of size 1.5 cm. x 0.5 cm. dark red.
(62) Contused abrasion present over left side of back in posterior
axillary line situated 16 cm. lateral to midline of size 1.5 cm. x 1 cm.
dark red.
He further deposed that he also prepared diagram showing the
respective injuries. He further deposed that the corresponding
internal injuries related to external injuries were mentioned in column
nos. 20 & 21. He opined that cause of death was ‘haemorrhage and
shock due to homicidal stab wounds to vital organs’. The injuries
individually as well as collectively were sufficient to cause death in
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ordinary course of nature. Dr. Shrigiriwar, Associate Professor and
Dr. S.S. Shinge, Resident Doctor were along with him at the time of
postmortem. He identified his signature and those of Dr. Shrigiriwar
and Dr. S.S. Shinge on the postmortem report Exh. 120 and
confirmed its contents as correct. He further deposed that he had
also received requisition from Police Station Jaripatka seeking
opinion on the point of injuries on deceased Pranita and Shreya and
the injuries on Prakash. He had given opinion about deceased
Shreya and accused Prakash. He examined the weapons which
were duly sealed. He opined that cut marks present over clothes and
injury nos. 1, 3, 6, 9, 36, 52 & 55 mentioned in column 17 could have
been caused by weapon no.1, which he identified. Similarly, cut
marks present over clothes and injury nos. 1 to 38, 40 to 52, 55 to 60
mentioned in column no.17 and corresponding internal damage
mentioned in column nos. 20 & 21 could have been caused with
weapon No. 2. He identified both the knives Articles B & C. He
identified his own signature and that of Dr. Wankhede on the opinion
Exh. 122. He further deposed that in suicide cases the person
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committing suicide uses front of the neck, wrist, front of the chest and
abdomen and groin whereas homicidal wounds may be in any part of
the body including those which are not accessible to suicide victim.
Defence wounds are absent in suicidal matters. Selfinflicted injuries
are uniform in depth and direction and they are usually uniform. He
further deposed that injuries on Pranita were homicidal. In the cross
examination, he deposed that when a person is assaulted by knife,
whether such person would shout depends upon position of the victim
and if the victim is sleeping, it is not necessary that he/she would
shout if the hand is kept on the mouth. He further deposed that
injuries on the person of Pranita were on account of both knives.
Thus, the evidence of PW.19 Dr. Narendra clearly proves that the
death of Pranita was homicidal.
11] In order to prove that the death of Shreya was homicidal,
the prosecution examined PW.12 Dr. Suraj Wankhede, who
conducted postmortem on the dead body of Shreya on 8.4.2011. He
found 45 injuries on her person which are as follows :
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(1) Contused abrasion of size 05 x 01 cm present over right chick
situated 1 cm lateral to right ala of pose, red colour.
(2) Stab wound of size 0.5 x 0.5 cm x Tracheal lumen deep present
over anterior aspect of right side of neck situated 2.5 cm lateral to
midline, margins clean angles acute, red colour.
(3) Stab wound of size 2.5 x 01 cm x Tracheal lumin deep
horizontally placed over anterior aspect of right side of neck situated
01 cm lateral to midline and 3 cm below injury No.2 margins clean,
angles acute red colour.
(4) Stab wound of size 2.5 x 01 cm x cavity deep obliquely placed
over anterior aspect of neck situated in midline 0.5 cm above jugular
notch margins clean, angles acute upper border intermingled with left
angle of injury No.3.
(5) Stab wound of size 3.5 x 01 cm x Thorasis cavity deep present
over upper part of left side of chest situated 05 cm below lateral end
of clavical and 8 cm lateral to midline margins clean, angles acute,
red colour.
(6) Stab wound of size 3 x 1 cm x Thorasis cavity deep present over
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left side of upper part of chest horizontally placed 4 cm medial to
injury No.5 and 4 cm. Lateral to midline, margins clean, angles acute
red colour.
(7) Stab wound 3 x 1.5 cm x muscle deep present over left side of
chest 2 cm below situated injury No.6 and 6 cm lateral to midline,
obliquely placed, margins clean angles acute, red colour.
(8) Stab wound of size 2.5 cm x 1 cm x muscle deep present over
rd
of left arm situated 7.5 cm below
anterior lateral aspect of upper 1/3
tip of left shoulder margins clean, angles acute, red coloured.
(9) Stab wound of size 3 x 1.2 cm x muscle deep present over left
lower chest situated 5.5 cm below injury No.7 and 4 cm situated
lateral to midline, margins clean, angles acute red coloured.
(10) Stab wound of size 2 x 1 cm x muscle deep present below injury
No.9 and situated 5 cm lateral to midline margins clean, angles acute
red coloured.
(11) Stab wound of size 2 x 0.7 cm x cavity deep situated 03 cm
below injury No.10 and 6 cm lateral to midline margins clean, angles
acute red coloured.
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(12) Stab wound of size 0.5 x 0.5 cm situated 3.3 cm below injury
No.11 and 6 cm lateral to midline muscle deep, margins clean angles
acute red coloured.
(13) Stab wound of size 2.3 cm x 1 cm x cavity deep present over
upper border of umbilicus tailing present over upper angle for 1.5 cm.
(14) Stab wound of size 1.5 cm x 0.5 cm x muscle deep present over
abdomen situated 4.5 cm below injury No.13 and 0.5 cm lateral to
midline margins clean, angles acute and red coloured.
(15) Stab wound of size of 1.5 cm x 0.5 cm x sub cute present over
right side of abdomen situated 2.5 cm below and lateral to umbilicus
and 2 cm to midline, margins clean angles acute, red coloured.
(16) Stab wound of size 3 cm x 1 cm x cavity deep obliquely placed
over right side of abdomen 01 cm lateral to midline and 3.5 cm above
and lateral to injury No.13 margins clean, angles acute, red coloured.
(17) Stab wound of size 3 cm x 1 cm x cavity deep situated 0.5 cm
above injury No.16, obliquely placed 0.5 cm lateral to midline margins
clean, angle acute, red coloured.
(18) Stab wound of size 3 cm x 1 cm x cavity deep present over
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epigoltric area in midline 4.5 cm above injury No.13, margin clean,
angle acute, red coloured.
(19) Contused abrasion of size 2.5 cm x 0.2 cm present over right
side of abdomen in lumbar area, red coloured.
(20) Contused abrasion of size 0.4 cm x 0.4 cm present over right
side of abdomen situated 3 cm medial to injury No.19 red coloured.
(21) Contused abrasion of size 0.4 cm x 0.5 cm present over right
side of abdomen situated 2 cm from midline 03 cm medial to injury
No.20 red coloured.
(22) Contused abrasion of size 0.4 cm x 0.5 cm present over right
side of abdomen situated 1 cm from midline and 02 cm above the
umbilicus red coloured.
(23) Contused abrasion of size 0.4 cm x 0.5 cm present over right
side of abdomen situated 4 cm from umbilicus red coloured.
(24) Incise wound present over posterior aspect of left corist of size 3
cm x 1 cm vertically placed margin clean, angle acute, red coloured.
(25) Incise wound of size 2 cm x 0.5 cm obliquely placed over present
over posteriorlateral aspect of left elbow, red coloured.
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(26) Incise would of size 0.5 cm x 0.5 cm present over obliquely
rd
of left
placed over present over posterior aspect of upper 1/3
forearm situated 8 cm below olecrenon process, red coloured.
(27) Incise wound of size 0.1 cm x 0.5 cm present over dorsal aspect
of left hand at the base of ring finger and middle finger.
(28) Stab wound of size 2.5 cm x 5 cm x muscle deep over anterior
rd
of left forearm vertically placed situated 2.5 cm
aspect of lower 1/3
above wrist, margin clean, angle acute red coloured.
(29) Contused abrasion of size 0.7 cm x 0.7 cm present in mid
axillary area situated below 16 cm from midline red coloured.
(30) Contused abrasion of size 1.5 cm x 1 cm present in midaxillary
area situated 1.5 cm below injury No.29.
(31) Contused abrasion of size 0.5 cm x 0.5 cm present in cubital
fossa, red in coloured.
(32) Contused abrasion of size 0.5 cm x 0.5 cm present lower part of
chest situated 5 cm from the midline, red in colour.
(33) Stab wound of size 3 cm x 1 cm x cavity deep present over right
lumber region situated 9 cm lateral to midline at the level of 12
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vertebra horizontally placed margins clean angles acute red coloured.
(34) Contused abrasion of size 0.7 cm 0.7 cm x 0.7 cm situated 11
cm above injury No.33 red coloured.
(35) Stab wound of size 4 cm. X 1 cm. x muscle deep present over
posterior aspect of middle 1/3 rd of right thigh situated 11 cm. below
gluteal fold margins clean angles acute, red colour.
(36) Contused abrasion of size 2 cm. x 0.5 cm. situated 8 cm. above
and medial to injury No.35.
(37) Incised wound of size 01 cm. x 0.5 cm. present over posterior
aspect of upper 1/3 rd of thigh margins clean angles acute red colour.
(38) Abrasion of size 0.2 cm. x 0.2 cm. present over left angle of
mandible.
(39) Linear abrasion of size 4 cm. situated 0.5 cm. below injury No.
38.
(40) Linear abrasion present over anterior lateral aspect of neck
situated 4 cm. above medial end of left clavicle red in colour.
(41) Contused abrasion of size 1.5 cm. x 1.5 cm. present over left
supra clavicular region red colour.
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(42) Incised wound of size 01 x 0.5 cm. present over anterior medial
aspect of middle 1/3 rd of right thigh margin clean angles acute red
colour.
(43) Incised wound of size 01 x 0.5 cm. present over anterior aspect
of right knee, margins clean, angle acute red colour.
(44) Stab wound of size 3 cm. x 1 cm. x muscle deep present over
posterior lateral aspect of upper 1/3 rd of right forearm situated 6 cm.
below olecrenon, margins clean angles acute, red colour.
(45) Incised wound of size 0.5 cm. x 0.2 cm. present over posterior
aspect of right forearm obliquely placed, margin clean angles acute,
red coloured.
He also found corresponding internal injuries. He opined that injury
nos. 2 to 7 and 9 to 17 mentioned in column no. 17 along with the
corresponding internal injuries mentioned in column nos. 20 & 21
were sufficient to cause death in the ordinary course of nature. All
these injuries individually as well as collectively were sufficient to
cause death. He identified his signature on postmortem report (Exh.
129) and confirmed its contents as correct. He further deposed that
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the injuries mentioned in Exh. 129, particularly cut marks on clothes
and injury nos. 24 to 27 and 37, 42, 43 & 45 mentioned in column 17
could have been possible with weapon no.1 which was shown to him.
He further deposed that the cut marks present over clothes and injury
nos. 2 to 18, 24 to 28, 33, 35, 37 and 42 to 45 mentioned in column
no.17 and corresponding internal damage mentioned in column nos.
20 & 21 were possible with weapon no.2. The evidence of this
witness has not been shaken in crossexamination and as such, the
prosecution has been able to establish that the death of Shreya was
homicidal.
12] The next circumstance relied upon by the prosecution is
presence of injuries on the person of the accused and non
explanation of the same by the accused.
In order to prove the presence of injuries on the person of
the accused, the prosecution examined PW.12 Dr. Suraj Wankhede,
who prepared injury certificate of the accused on the basis of Bed
Head Ticket. The injuries were as follows :
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(1) Penetrating wound size 3 x 1 x 4 cm. over left side of chest.
(2) Penetrating wound size 3 x 1 x 5 cm. over right side of chest.
(3) Penetrating wound size 4 x 2 x 5 cm. over right side of chest.
(4) Penetrating wound size 3 x 1 x 4 cm. over right side of chest.
(5) Penetrating wound size 3 x 2 x 4 cm. over right side of chest.
(6) Penetrating wound size 2 x 1 x 2 cm. over left side of chest.
(7) Penetrating wound size 3 x 2 x 5 cm. over left side of chest.
(8) Penetrating wound size 3 x 4 x 6 cm. over left side of chest.
(9) Penetrating wound size 4 x 2 x 6 cm. over left side of chest.
(10) Penetrating wound size 3 x 2 x 5 cm. over left upper abdomen.
(11) Penetrating wound size 3 x 2 x 6 cm. over left upper abdomen.
(12) Penetrating wound size 5 x 3 x 7 cm. over upper abdomen in
midline.
(13) Penetrating wound size 3 x 2 x 4 cm. over left hypochondrium.
(14) Penetrating wound size 2 x 1 x 3 cm. over left hypochondrium.
(15) Penetrating wound size 3 x 2 x 5 cm. over left upper abdomen
with expose bowel loops.
(16) Penetrating wound size 5 x 2 x 6 cm. over abdomen in midline
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with expose perforated bowel loops.
(17) Penetrating wound size 3 x 2 x 4 cm. over abdomen in midline
with expose omentum.
(18) Penetrating wound size 4 x 2 x 5 cm. over abdomen in midline
with expose bowel loops.
(19) Penetrating wound size 3 x 1 x 1 cm. over lower abdomen in
midline.
(20) Penetrating wound size 2 x 1 x 2 cm. over right thigh.
He further deposed that the injury nos. 1 to 19 were grievous in
nature whereas injury no. 20 was simple in nature and the same
could be caused by sharp, pointed and cutting object. All injuries
were fresh on admission. Multiple anterior chest wall stab wound
was present, two of them breaching anterior pleura on left side with
minimal haemothorax. Pneumothorax was present on both sides.
All these injuries were on anterior, i.e. front body of accused. He
identified his signature on the injury certificate (Exh. 130) and
confirmed its contents as correct. He further deposed that injuries on
the person of the accused could have been caused with weapon No.2
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39
which was shown to him. He further deposed that selfinflicted
injuries or suicidal injuries are usually found on the anterior portion of
the body and easily accessible and mostly on chest and abdomen.
Homicidal injuries could be found anywhere over body, could be
single or multiple, irregular and of different sizes. Defence injuries
are generally present in homicidal or assault cases and are found on
hands or parts by which victim takes defence. Generally selfinflicted
injuries are uniform in depth and direction, i.e. parallel to each other.
He further deposed that on the basis of the injuries mentioned in Exh.
130 it appeared that all the injuries were suicidal in nature. In cross
examination of this witness, nothing tangible has been brought on
record and as such, the prosecution has been able to establish that
twenty injuries were found on the person of the accused and the
injuries could be suicidal in nature.
13] The evidence of PW.12 Dr. Suraj Wankhede stands
corroborated by PW.15 Dr. Amrish Shamkuwar, who deposed that on
8.4.2011 he was in the surgery unit of IGGMC at Nagpur along with
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Dr. Tirpude. One patient by name Prakash Shingnapure was
admitted in surgery unit on the same day. On examination of
Prakash, he found multiple selfinflicted sharp cutting deep
penetrating wounds on the anterior aspect of body with the evidence
of bowel coming out of body. He further deposed that the injuries
found on the body of Prakash were described in the discharge card
issued by him and Dr. Tirpurde. The injuries mentioned in Exh. 130
and injuries mentioned by them in the discharge card were the same.
There were total 20 injuries. Accused was discharged on 17.6.2011.
He identified the discharge card and confirmed its contents as
correct. He also identified signature of Dr. Prasad Sor. The
discharge card was marked at Exh. 144. He further deposed that on
12.4.2011 he received requisition from PSI Dhurve as to whether
Prakash was in a position to make any statement. He opined that the
patient was fit to give statement. He identified the requisition (Exh.
145). PSI Dhurve recorded statement of Prakash in his presence and
he made endorsement on the said statement that Prakash was fit to
give statement. He identified his signature, that of PSI Dhurve and of
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41
Prakash on the said statement. He further deposed as to what was
stated by Prakash in the statement recorded by PSI Dhurve. We do
not deem it necessary to refer to the same inasmuch as while dealing
with the confession alleged to have been made by the accused, we
shall deal with the same. He further deposed that on 12.4.2011 the
Executive Magistrate also had given requisition for recording
statement of Prakash and he made endorsement on the requisition
(Exh. 147) that the patient was fit to give statement. He further
deposed that the Magistrate recorded the statement of Prakash in his
presence. He identified the accused as the person who had given
statement. In crossexamination, he admitted that the accused was
in semiconscious condition when he was brought to the hospital. He
was attending the accused since 8.4.2011 till he was discharged from
the hospital and police officers were deployed in the hospital since
8.4.2011 till he was discharged. He further deposed that he could not
say what was the condition of Prakash on 12.4.2011, i.e. whether it
was critical or not. Prakash was fit to give statement on 12.4.2011.
He denied that Prakash did not give any statement on 12.4.2011 or
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that he had not made any endorsement on Exh. 147. Perusal of the
evidence of PW.15 Dr. Amrish Shamkuwar and the statement of the
accused recorded under Section 313 of Criminal Procedure Code
discloses that the accused has not explained the presence of twenty
injuries on his person which were mentioned in the dischargecard
Exh. 144. It is pertinent to note that in answer to question 65
regarding the presence of twenty injuries on his person, he stated that
he did not know. Thus, the prosecution has been able to establish
that there were selfinflicted injuries on the person of the accused and
no plausible explanation was offered by the accused for the same.
14] The next circumstance relied upon by the prosecution is
that the accused was alone present in the room, which was locked
from inside along with the deceased on the intervening night of
7.4.2011 and 8.4.2011. In order to prove this circumstance, the
prosecution examined two brothers of the accused. PW.7 Anup, who
is his elder brother, deposed that they were in all four brothers, i.e.
Prakash (the accused), Manoj, himself and Ajay. He along with Ajay
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and accused Prakash and their family and their parents were residing
in their house at Jagruti Nagar and Manoj was residing at Akola. He
was serving in the police department. Accused was running a
grocery shop in the house itself and Ajay was serving in Big Bazar.
His father had retired from services of Railway. All the three brothers
were having separate rooms in the house but the kitchen was
common. The accused was married to Pranita and they were having
one daughter Shreya, aged about 11 to 12 years. The relations
between all the family members were good. On 7.4.2011 he came to
house after completing his duty at about 8.30 a.m. in the morning and
left at about 10.30 a.m. He again came back and left the house to
bring his wife from the school at about 3 p.m. and he returned back at
about 6.30 to 7 p.m. after dropping his wife at his inlaws’ house.
Thereafter, he left the house at about 8 p.m., reported his presence at
headquarter and came back to his inlaws’ house and after having
dinner at about 10.15 p.m. along with his wife came to the house.
He noticed that Shreya was sleeping on the cot in the hall and all
family members had completed dinner. All the family members were
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watching T.V. serial at that time. He had a talk with Shreya and he
asked her as to why she had gone to bed early to which she replied
that she was not feeling well. All the family members went to their
respective rooms in between 10.45 p.m. to 11 p.m. His parents used
to sleep in hall. The accused Prakash along with his wife Pranita and
daughter Shreya went in their room ant all other family members went
to bed. At about 3 to 3.15 a.m. he heard shouts. He and his wife
were frightened. When he came out, he saw his mother and other
members shouting and noise was coming from the room of Prakash.
All of them went to the room of the accused but the door of his room
was closed from inside. They tried to open the door but did not
succeed. Thereafter he broke open the door of the room of Prakash
with the help of rod from the house. The accused, his wife Pranita
and daughter Shreya were lying in injured condition and blood was
scattered throughout the room. He was shocked but he observed
some movement in Prakash. He tried to talk to Prakash but his voice
was not clear but he was murmuring as ‘pant’. He, therefore, gave
the pant to Prakash to wear since accused Prakash was in
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45
underwear. He found one letter in the pant of Prakash. He did not
read over entire contents as his mental condition was not good but he
kept the letter on the spot itself. He informed the police. His brother
Ajay accompanied by Sunil Bagde took Prakash to Mayo Hospital.
Police came to their house at about 5 to 5.15 a.m. and he showed the
spot to police. He had seen dead bodies of Pranita and Shreya in the
room. The police took custody of the letter found on the spot. He
lodged report Exh. 113 at the police station. He also identified printed
FIR Exh. 114. When the chit/letter Exh. 37 was shown to the witness
and he was asked whether it was the same, the witness replied that
he could not tell whether the letter was same or not. Upon the iron
bar being shown to him, he stated that the iron bar was of similar
type. He could not give any reason as to why such incident had
occurred. In crossexamination, he stated that there is a compound
wall on the back side of their house but anybody could enter the
house after crossing compound wall. He further stated that there
were thefts in the colony and in their house also. The accused was
running a shop in front of the house in one room and the financial
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46
position of their family was good. Pranita had stopped going to
beauty parlour course about five days prior to the incident and upon
being asked as to why she had stopped, Pranita did not give any
reply. He further stated that there were two windows to the room of
Prakash. He further deposed that he had not seen any knife in the
room of Prakash but he was told by the police that two knives were
found in the room of Prakash. He further deposed that one Bihari boy
was teasing Pranita on her way to beauty parlour but he had not
confirmed the same. He admitted that it could be on account of
teasing by said Bihari boy, Pranita had stopped going to beauty
parlour classes. He could not say whether there was one sided love
affair of Bihari boy. He could not tell with certainty whether said
Bihari boy had murdered Pranita, Shreya and injured his brother
accused Prakash. He could not state whether said Bihari boy after
murdering them left in Scorpio from their house. He denied that he
had not broken the door of the room of Prakash. He denied that in
order to save the reputation of their family, he was not telling the truth
before the Court.
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15] The prosecution also examined PW.8 Ajay, the brother of
the accused who stated that he along with PW.7 Anup, the accused
and their family members and their parents were residing at Jagruti
Nagar and he was getting salary of Rs.7000/ and accused was
looking after household expenses of the entire house and he used to
initially contribute Rs.3000/ which was increased to Rs.4000/. On
7.4.2011 he along with his wife came to the house at about 11.30
p.m. and all the family members went in their respective rooms. At
about 3.30 a.m. he heard noise of knocking of his door by his mother.
He came out of his room and heard shouts coming from the room of
the accused. All of them were frightened. They tried to open the
door but there was no response. Thereafter, the door was broken by
means of an iron rod. Prakash, Pranita and Shreya were lying in the
room in injured condition. All of them were shocked after seeing the
incident. Pranita and Shreya were not giving any response but there
was some movement in Prakash. The accused had a talk about a
chit with PW.7 Anup. He thereafter took the accused in Scorpio jeep
of neighbour to Mayo Hospital. His statement was recorded on
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8.4.2011. He could not say whether the iron rod which was shown to
him was the same which was used for breaking the door. He further
stated that there was no dispute in the family. During cross
examination he stated that he and PW.7 Anup were only two
members who had entered the room of Prakash at about 3.30 a.m.
and they were in the room for about 10 to 15 minutes. He denied the
suggestion that within 15 minutes they had carried Prakash to Mayo
Hospital. Police did not seize his blood stained clothes nor he had
handed over the same to police. He had not seen two knives in the
room of accused when he entered there. There was one big window
to the room of Prakash and one could easily enter the room of
Prakash through the said window. He could not say whether Bihari
boy entered the room of Prakash and after committing murder of
Pranita and Shreya, fled from window. He denied the suggestion that
he was not present in the night of 7.4.2011 in the house or that he did
not carry accused to Mayo Hospital. There is absolutely no reason
pointed out to reject the evidence of PW.7 and PW.8 which inspires
confidence. Thus, the prosecution has been able to establish that the
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accused was alone present in the room with deceased Pranita and
Shreya in the room locked from inside.
16] We shall now deal with circumstance nos. (iv), (v) and (vi).
Perusal of the judgment discloses that the learned trial Court has held
that financial crisis was one of the reasons for the accused to commit
murder of his wife and daughter and also that the accused claimed an
amount of Rs.3,00,000/ from Life Insurance Corporation on account
of death of his wife Pranita by falsely claiming that Pranita died on
account of heart attack. The suicide note Exh. 37 which has been
also proved by the prosecution to be in the handwriting of the
accused clearly proves that he committed double murder on account
of financial crisis. The prosecution examined PW.17 Rambhau
Aglawe, father of Pranita to prove that after the death somewhere in
June, 2011 the accused claimed the insurance amount of Rs.
3,00,000/ on account of death of his wife Pranita claiming that her
death occurred on account of heart attack. His evidence also
corroborates the version of PW.7 Anup that dead body of Pranita and
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Shreya were lying in the room occupied by the accused and that door
of the room was broken open. His evidence further discloses that on
his application LIC gave him entire record of the claim made by the
accused on account of death of his wife Pranita claiming that she had
died due to heart attack. He informed the said fact to Police Station
Jaripatka in writing on 28.3.2012. No doubt, the documents produced
by him disclosed that the accused claimed an amount of Rs.
3,00,000/ from LIC on the ground that she had died on account of
heart attack and the said amount was paid to the accused by LIC on
25.7.2011 and the same was withdrawn between 30.7.2011 till
28.11.2011. The learned trial Court has used the circumstance
against the accused. This circumstance also corroborates the
suicidenote (Exh.37). No doubt, PW.7 Anup and PW.8 Ajay, the
brothers of the accused have stated that the accused was not in
financial crisis but in our view, it was for the accused to decide as to
whether he was in financial crisis or not and on this aspect, the
statements made by PW.7 Anup & PW.8 Ajay cannot be taken as
conclusive. We, therefore, have no hesitation to hold that the
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accused committed double murder on account of financial crisis.
Moreover, it is pertinent to note that the prosecution has not led any
other evidence to prove any other motive on the part of the accused
to commit double murder.
17] The prosecution has relied upon suicide note (Exh. 37)
found in the room of the accused which discloses that he had
committed murder of his wife and daughter and had attempted
suicide on account of financial crisis. The suicide note was seized in
terms of spot panchnama (Exh. 36) which has been duly proved by
PW.1 Vijay Meshram, who was panch to the spot panchnama. The
evidence of PW.7 Anup also proves that the suicide note was
collected by him from the pant of the accused while he handed over
the pant to the accused and he had kept the same on the spot.
Moreover, the fact that the suicide note was written by the accused
has been proved by the prosecution through the evidence of PW.6
Albert Joseph, who was panch in respect of panchnama conducted
for obtaining specimen handwriting of the accused and that of PW.13
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Vinodkumar Meshram, the handwriting expert. The evidence of PW.
13 Vinod Meshram clearly proves that he compared specimen
writings at Exhs. S1 to S9 which have been marked as Exhs. 86 to 94
in the Court record and the admitted documents written by the
accused as Exhs. N1 to N6 which have been marked as Exhs. 76 to
80 in the Court record and he opined that they were written by the
same person. He has identified his opinion given in writing (Exh.
139). He has also placed on record detailed reasons for his opinion
(Exh. 139) which was taken on record and marked as Exh. 141. In
the crossexamination, nothing tangible has been brought on record
to discredit his testimony. Therefore, we have no hesitation to hold
that the suicide note was written by the accused himself. A bare
perusal of the said suicide note discloses that the accused committed
murder of his wife and daughter and also attempted to commit his
suicide on account of financial crisis. Thus, the prosecution has
proved the circumstances at serial nos. (iv), (v) and (vi).
18] The next circumstance relied upon by the prosecution is
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the confessional statements made by the accused to PW.18 Vinod
Meshram, the Executive Magistrate and to PW.19 PSI Ashok Dhurve.
In order to prove the confessional statement (Exh. 156) made to the
Executive Magistrate, the prosecution examined PW.18 Vinod
Meshram. The statement of the accused was recorded on 20.4.2011
as a dying declaration since the accused had severe injuries on his
person and in the event of his death, the prosecution wanted to rely
upon the same. However, the accused survived and as such, the
same cannot be used as dying declaration. Mr. Doifode, the learned
Additional Public Prosecutor is right in placing reliance upon the
judgment of the Apex Court in the case of Veer Singh (supra) in
which the Apex Court has held that if a statement made to a
Magistrate by an accused is recorded as dying declaration and if the
accused survives, the same can be used under Section 164 of the
Criminal Procedure Code. Similar is the ratio laid down by the Apex
Court in the case of Shrawan Bhadaji Bhirad & others .vs. State
of Maharashtra (supra) . The evidence of PW.18 Vinod Meshram
which is corroborated by the statement (Exh. 156) clearly proves that
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the accused committed murder of his wife and daughter and
attempted to commit suicide on account of financial crisis. Therefore,
in our view, the prosecution has been able to establish this
circumstance against the accused. However, in so far as the
statement (Exh. 146) made to PW.19 PSI Ashok Dhurve is
concerned, in our view, the trial Court ought not to have relied upon
the same in support of the prosecution case. The statement made by
the accused to the Investigating Officer was clearly hit under the
provisions of Section 25 of the Evidence Act and Sections 161 & 162
of the Evidence Act. Therefore, no reliance could have been placed
upon the confessional statement alleged to have been made by the
accused to PW.19 Ashok Dhurve.
19] The next circumstance relied upon by the prosecution is
spot panchnama (Exh. 36) which has been duly proved by PW.1 Vijay
Meshram. His evidence clearly proves that in the room of the
accused, his wife and daughter were lying in dead condition on
8.4.2011 at about 5.30 a.m. and one chit was lying beneath the bed
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and the same were seized by the police. His testimony has not been
shaken in crossexamination and his evidence appears to be quite
natural which is corroborated by spot panchnama (Exh. 36).
Moreover, the inquest panchnamas (Exhs. 9 & 10) conducted on the
dead body of Pranita and Shreya also lend corroboration to the
version of PW.7 Anup and PW.8 Ajay as also the medical evidence
led by the prosecution. Therefore, in our considered view, the
prosecution has been able to establish and prove the spot
panchnama and inquest panchnamas which clearly lend
corroboration to the prosecution case.
C.A. report (Exh. 166) also lends corroboration to the
prosecution case. The blood group of Pranita was ‘AB’ and that of
Shreya was ‘A’. C.A. report (Exh. 166) discloses that blood of ‘A’
group was detected on bedsheet, knife, slip of Shreya, underwear of
Shreya and half pant of Shreya. Similarly, it also disclosed that blood
of ‘AB’ group was detected on bedsheet, gown, petticoat, knicker
and brassiere of Pranita. Therefore, the C.A. report (Exh. 166) also
lends full corroboration to the prosecution case.
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20] Admittedly, the case rests on the circumstantial evidence.
In the case of Sharad Birdhichand Sarda .vs. State of
Maharashtra reported in AIR 1984 SC 1622, the Supreme Court
has laid down the five tests which have to be satisfied before
conviction can be recorded on the basis of circumstantial evidence.
They are as follows :
(1) the circumstances from which the conclusion of guilt is to be
drawn should be fully established. The circumstances
concerned ‘must or should’ and not ‘may be’ established.
(2) The facts so established should be consistent only with the
hypothesis of the guilt of the accused, that is to say, they
should not be explainable on any other hypothesis except that
the accused is guilty,
(3) the circumstances should be of a conclusive nature and
tendency,
(4) they should exclude every possible hypothesis except the one
to be proved, and
(5) there must be a chain of evidence so complete as not to leave
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any reasonable ground for the conclusion consistent with the
innocence of the accused and must show that in all human
probability the act must have been done by the accused.
The question which arises for consideration is whether the
circumstantial evidence led by the prosecution is sufficient to prove
the offences for which the accused has been convicted. We have
already held that the circumstances mentioned above in paragraph 4
hereinabove, except the alleged confessional statements made by
the accused to PW.19 have been proved against the accused. In our
considered view, all the circumstances which have been proved taken
cumulatively clearly establish that it was the accused and the
accused alone who was responsible for the murder of his wife and
daughter. It is pertinent to note that although a faint defence has
been taken by the accused that one Bihari boy who had one sided
love affair with his wife Pranita had entered the room during the
intervening night of 7.4.2011 and 8.4.2011, no foundation has been
laid to probabalize the said defence. It is pertinent to note that till
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PW.7 was examined the accused did not come out with this defence
to any of the persons including the Investigating Officer. Moreover, it
is to be noted that in his statement recorded under Section 313
Criminal Procedure Code, the accused except for denying the
prosecution case has not stated that the murder of his wife and
daughter and assault on him were committed by a Bihari boy. The
burden of proving as to how Pranita and Shreya suffered serious
injuries resulting in their instantaneous death was on the accused
which has not been discharged by him. Therefore, in our view, the
prosecution has been able to establish beyond reasonable doubt that
the accused who found himself in financial crisis thought it fit to get rid
of his wife and daughter and also attempted to commit suicide.
21] The next question which arises for consideration is
whether the death sentence awarded to the accused for the offence
of murder under Section 302 of Indian Penal Code is justified. The
learned trial Court has awarded death sentence to the accused on the
ground that aggravating circumstances outweighed mitigating
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circumstances. According to the learned trial Court, the following are
the aggravating circumstances which justify imposition of death
penalty on the accused :
i. The murder was preplanned and executed with extreme
brutality since the deceased had 62 and 45 wounds on their
bodies,
ii. Both the accused were innocent, helpless and were sleeping at
the time of commission of the offence,
iii. Withdrawal of LIC amount of Rs.3,00,000/ in terms of the
policy of his wife Pranita ,
iv. The act of murder displayed total depravity of mind and
extreme perversity making the crime uncommon,
v. There was no chance of accused reforming himself in future.
22] The law regarding imposition of death penalty is by now
wellsettled. The Apex Court in the case of Bachan Singh .vs. State
of Punjab reported in AIR 1980 SC 898 has laid down guidelines in
so far as imposition of death penalty is concerned. They are as
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follows :
(a) The extreme penalty of death may be inflicted in gravest cases
of extreme culpability;
(b) While imposing death sentence the circumstances of the
offender are also required to be taken into consideration along
with the circumstances of the crime;
(c) Death sentence be imposed only when life imprisonment
appears to be a altogether inadequate punishment having
regard to the relevant circumstances of the case; and
(d) Extreme penalty can be imposed after striking the balance
between aggravating and mitigating circumstances found in the
case.
The Apex Court has further held that the aggravating circumstances
include commission of murder after planning and with extreme
brutality or exceptional depravity. The Apex Court further held that
the following mitigating circumstances have to be considered while
imposing death sentence :
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“(1) That the offence was committed under the influence of
extreme mental or emotional disturbance.
(2) The age of the accused. It the accused is young or old,
he shall not be sentenced to death.
(3) The probability that the accused would not commit
criminal acts of violence as would constitute a continuing
threat to society.
(4) The probability that the accused can be reformed and
rehabilitated. The State shall by evidence prove that the
accused does not satisfy the conditions 3 and 4 above.
(5) That in the facts and circumstances of the case the
accused believed that he was morally justified in committing
the offence.
(6) That the accused acted under the duress or domination
of another person.
(7) That the condition of the accused showed that he was
mentally defective and that the said defect impaired his
capacity to appreciate the criminality of his conduct.”
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In the later judgment, the Apex Court in the case of Macchi Singh
and others .vs. State of Punjab, AIR 1983 SC 957 , upheld the
above guidelines and further held that death sentence could be
imposed only in the rarest of rare cases when the collective
conscience of community is so shocked that it would expect the
holders of judicial power to inflict the death penalty irrespective of
their personal opinion as regards the desirability or otherwise of
retaining death penalty as a sentencing option. The Apex Court held
that the following circumstances can be considered as “rarest of rare”
for imposing capital punishment by entertaining such sentiment of the
community :
(1) When the murder is committed in an extremely brutal,
grotesque, diabolical, revolting, or dastardly manner so as to
arouse intense and extreme indignation of the community.
(2) When the murder is committed for a motive which evinces total
depravity and meanness. e.g. Murder by hired assassin for
money or reward; or cold blooded murder for gains of a person
visavis whom the murderer is in a dominating position or in a
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position of trust; or murder is committed in the course for
betrayal of the motherland,
(3) When murder of a member of Scheduled Caste or minority
community etc., is committed not for personal reason but in
circumstances which arouse social wrath; or in cases of 'bride
burning' or 'Dowry deaths' or when murder is committed in
order to remarry for the sake of extracting dowry once again or
to marry another woman on account of infatuation.
(4) When the crime is enormous in proportion. For instance when
multiple murders, say of all or almost all the members of a
family or large number of persons of a particular caste,
community, or locality, are committed.
(5) When the victim of murder is (a) an innocent child or a helpless
woman or old or infirm person, or a person visa vis whom the
murderer is in a dominating position, or a public figure generally
loved and respected by the community.”
The Apex Court further held that while considering as to whether
death sentence should be imposed or not, full weightage must be
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accorded to mitigating circumstances and just balance has to be
struck between aggravating and mitigating circumstances.
23] In the case of
Sushil Kumar .vs. State of Punjab
reported in (2010) 1 SCC (Cri) 348 (supra) relied upon by the
learned Counsel for the accused, the appellant had committed
murder of his wife, minor son and daughter. High Court of Punjab &
Haryana awarded death sentence to the accused for triple murder.
The Apex Court commuted the death sentence to life imprisonment
after considering the following mitigating circumstances :
“(i) appellant had been unemployed for last 7 to 8 months
(ii) he used to borrow money from others to meet his daily needs.
(iii) he himself had consumed 'sulphas tablets' to commit suicide,
even though not medically established.
(iv) he, therefore, was keen that his whole family should be
finished and no one should be alive to suffer the pain and agony
alone,
(v) he was fed up with his life and was seen in a perplexed
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condition by PW4.
(vi) in any case, he cannot be a threat to the society and there
are fairly good chances of his reformation as he has learnt sufficient
lesson from it”.
24] In the present case, no doubt the murder committed by the
accused of his wife and daughter was brutal since he inflicted 62 and
45 stab wounds on his wife and daughter respectively resulting in
their instantaneous death. However, the fact remains that the
accused attempted to commit suicide as is evident from the presence
of 20 injuries on his person. Moreover, the accused was in hospital
from 8.4.2011 till 17.6.2011. The prosecution evidence itself
suggests that the reason for the accused to commit murder of his
dear ones and to attempt suicide was on account of the financial
crisis. The facts in the present case, though not exactly identical with
the facts in the case of Sushil Kumar (supra), the fact remains that
they are almost similar. It is also pertinent to note that the accused
has no criminal record and nothing is brought on record by the
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prosecution to establish that the accused is going to be threat to the
society or that there are no chances of his reformation. Therefore, in
our considered opinion, after striking a balance of aggravating and
mitigating circumstances, we are of the considered opinion that this is
not a case where accused deserves death penalty.
25] In our opinion, this case cannot be termed as “rarest of
rare” and, therefore, imposition of death penalty on the accused for
committing murder is not justified.
26] Although we have held that this is not “rarest of rare case”,
yet the fact remains that the murder committed by the accused is
brutal and diabolic. The accused without any fault on the part of his
wife and daughter inflicted 62 and 45 wounds respectively with deadly
weapons, i.e. knives. Therefore, in our considered opinion, this is a
case in which though the death sentence deserves to be set aside,
the interest of justice would be served by directing the accused to
undergo minimum sentence of imprisonment of 30 years. This
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course is permissible in view of ratio laid down by the Apex Court in
the case of Swamy Shraddananda alias Murali Manohar
Mishra .vs. State of Karnataka reported in AIR 2007 S.C. 2531. In
the said case, after setting aside the death sentence, the Supreme
Court directed that the appellant would undergo “life sentence”.
Reliance was placed on earlier judgments of the Apex Court in the
case of Subhash Chander .vs. Krishan Lal and others (2001) 4
SCC 458, Ram Anup Singh and others .vs. State of Bihar (2002) 6
SCC 686, Prakash Dhawal Khairnar (Patil) .vs. State of
Maharashtra (2002) 2 SCC 35, Shri Bhagwan .vs. State of
Rajasthan (2001) 6 SCC 296 and Mohd. Munna, etc. .vs. Union of
India & others, etc. (2005) 7 SCC 417 .
27] In the case of Subhash Chander (supra), the accused
killed the whole family of one Bhagwan Ram. The Apex Court while
setting aside the death sentence imposed by Sessions Court which
was confirmed by the High Court, held that the accused would
undergo imprisonment for rest of his life and he would not be entitled
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to any commutation or any premature release under Criminal
Procedure Code, Prisoners Act, Jail Manual or any other statute. In
the case of Ram Anup Singh (supra), the Apex Court set aside the
death sentence awarded to appellant nos. 2 & 3 and sentenced them
to undergo imprisonment for life subject to the condition that they
shall not be released before completing an actual term of 20 years
including the period already undergone by them. In the case of
Prakash Khairnar (supra), the Apex Court aside aside the death
sentence and sentenced him to undergo imprisonment for life subject
to condition that he would serve at least 20 years of imprisonment
including the period already undergone. In the case of Shri Bhagwan,
the accused who was convicted for murder of 5 persons and for
committing dacoity along with other accused was sentenced to
imprisonment for life by setting aside death sentence subject to the
condition that he would serve at least 20 years’ imprisonment
including the period already undergone. Thus, the Apex Court has
consistently held that in a case where death sentence is commuted to
life on the ground that mitigating circumstances outweigh aggravating
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circumstances but the murder is brutal and diabolic, the Court
sentencing the accused can very well direct that the accused shall
undergo imprisonment for life subject to the condition that he would
undergo minimum period of imprisonment as mentioned in the order.
As stated above, in our view, the interest of justice would be served if
the accused is directed to undergo imprisonment for life subject to the
condition that he would not be released unless he undergoes actual
period of imprisonment for a minimum period of 30 years. We do not
deem it necessary to refer to in detail all the authorities relied upon by
Mr. Doifode, learned Additional Public Prosecutor, but we have taken
into consideration the ratio of the said judgments while recording
findings in the present case.
28] The accused has been sentenced by the trial Court to
death and also to pay fine of Rs. Three Lakhs and in default, to
undergo R.I. for five years. Out of the said amount, an amount of Rs.
2,50,000/ has been ordered to be forwarded to District Legal Aid
Committee and Rs.50,000/ to State of Maharashtra. The learned
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trial Judge has accepted the prosecution case that the accused
committed double murder and attempted to commit suicide on
account of financial crisis. If that be so, we fail to understand as to
how the learned trial Judge could have imposed exemplary fine of Rs.
3,00,000/ on the accused and further directed that an amount of Rs.
2,50,000/ be forwarded to District Legal Aid Committee and Rs.
50,000/ to State of Maharashtra. We, therefore, set aside the
imposition of fine of Rs.3,00,000/ imposed on the accused for the
offence punishable under Section 302 of Indian Penal Code and
reduce the fine amount to Rs.5,000/ (Rupees Five thousand only).
29] Before we conclude, we would like to deal with one aspect
of the matter which the Sessions Court has dealt with. In the
operative part of the order at (6), the learned trial Judge has directed
Commissioner of Police, Nagpur to conduct probe in terms of
direction given in paragraphs 66, 67 and 71 within two months and
initiate action against wrong doers as per provisions of law. The trial
Court has observed that the accused with the connivance of family
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members has claimed the insurance amount from the LIC in respect
of his wife Pranita by falsely claiming that Pranita died on account of
heart attack. The learned trial Judge has held that since the accused
himself has committed murder of Pranita, there was no question of
claiming insurance amount and, therefore, prima facie offences are
made out against the accused and his family members. We fail to
understand as to how the learned trial Judge could have directed
probe and that too by Commissioner of Police, Nagpur while dealing
with a Sessions Case. If the accused had falsely made claim and got
the amount from LIC in respect of insurance policy of his wife, it was
for the LIC to take appropriate action in the matter. In our view, the
said direction is patently unsustainable and as such, the same is
quashed. Moreover, in the course of argument, Mr. Doifode, the
learned Additional Public Prosecutor submitted that in terms of
direction only enquiry has been conducted but no further action has
been taken. Be that as it may, since we have found that the said
direction is without jurisdiction, no further action need to be taken by
the Commissioner of Police of Nagpur. Needless to mention that if
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LIC is aggrieved by the claim made by the accused, LIC is free to
take appropriate action against the accused if it is so advised.
30] In the result, we pass the following
O R D E R
I. Reference made by learned Additional Sessions Judge is
rejected and the appeal is partly allowed to the extent of
sentence only,
II. The conviction of the accused Prakash Vinayakrao
Shingnapure for the offence punishable under Section 309 of
the Indian Penal Code and the sentence imposed on him by
the trial Court is maintained,
III. The conviction of the accused Prakash Vinayakrao
Shingnapure for the offence punishable under Section 302 of
the Indian Penal Code is maintained. However, the death
sentence imposed on him is set aside and the same is
commuted to life imprisonment subject to rider that the accused
shall not be released unless he has undergone 30 years of
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imprisonment including the period already undergone by him.
The accused shall also be liable to pay fine amount of Rs.
5,000/ (Rupees Five thousand only) and in default, to suffer
R.I. for one year.
IV. The substantive sentences are ordered to run concurrently,
V. The order passed by the learned trial Judge in so far as
disposal of property is concerned is maintained.
JUDGE JUDGE
J.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL CONFIRMATION CASE NO. 02 OF 2012
WITH
CRIMINAL APPEAL NO. 376 OF 2012.
CRIMINAL CONFIRMATION CASE NO. 02 OF 2012
The State of Maharashtra,
through Police Station Officer,
P.S. Jaripatka, Nagpur. ....PETITIONER.
// VERSUS //
Prakash Vinayakrao Shingnapure,
R/o Jagrut Nagar, Near Buddha
Vihar, Nagpur. ....RESPONDENT.
Mr. S.S. Doifode, Additional Public Prosecutor for petitioner State.
Mr. Ashwin Wasnik, Advocate for the respondent.
CRIMINAL APPEAL NO. 376 OF 2012
Prakash s/o Vinayakrao Shingnapure,
Aged about 38 years, Occ. Private,
R/o Jagrut Nagar, Near Buddha
Vihar, Nagpur (In Jail). ....APPELLANT.
// VERSUS //
The State of Maharashtra,
through Police Station Officer,
P.S. Jaripatka, Nagpur. ....RESPONDENT.
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Mr. Ashwin Wasnik, Advocate for the appellant.
Mr. S.S. Doifode, Additional Public Prosecutor for respondent State.
CORAM : A.P. LAVANDE & A.B. CHAUDHARI, JJ.
DATE OF RESERVING FOR JUDGMENT : JANUARY 9, 2013.
DATE OF PRONOUNCEMENT OF JUDGMENT: JANUARY 31, 2013.
JUDGMENT ( PER A.P. LAVANDE, J .)
1] Confirmation Case No. 2/12 and Criminal Appeal No.
376/12 are being disposed of by common judgment since they arise
out of judgment and order dated 30.5.2012 passed by Adhoc
Additional Sessions Judge1, Nagpur in Sessions Trial No. 461/11 by
which the appellant in Criminal Appeal No. 376/12 (hereinafter
referred to as “the accused”) has been convicted for the offence
punishable under Sections 302 & 309 of Indian Penal Code and
sentenced to death and to pay a fine of Rs.3,00,000/ (Three Lakhs)
and in default to suffer R.I. for five years for the offence punishable
under Section 302 of Indian Penal Code and to suffer R.I. for one
year and to pay a fine of Rs.500/, in default to suffer S.I. for one
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month for the offence punishable under Section 309 of Indian Penal
Code. Out of the fine amount if recovered, amount of Rs.2,50,000/
was ordered to be forwarded to the District Legal Aid Committee and
Rs.50,000/ to State of Maharashtra.
2] Briefly, the case of the prosecution is as under :
The accused was residing at Jagruti Nagar along with his
wife Pranita, daughter Shreya, his parents and two brothers PW.7
Anup and PW.8 Ajay and their family members. The accused had a
minor daughter by name Shreya, aged 13 years. On 7.4.2011 all the
family members took dinner and went to bed in their respective
rooms. At about 3.30 a.m. on 8.4.2011 the family members heard
shouts of Shreya “Save me, Save me”. All the family members woke
up and were frightened. They went towards the room of the accused.
All of them gave call to accused and there was no response from
inside. As such, brother of accused PW.7 Anup brought iron crowbar
and broke open the door of the room of the accused. All of them
noticed that Pranita, the wife of the accused and Shreya were
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4
murdered and accused was having multiple injuries on his person.
PW.7 Anup had a talk with the accused and he gave pant of the
accused to him since the accused was in underwear. In the said pant
Anup noticed one chit which he read and kept it under the bed. Anup
immediately reported the matter to police on phone and Ajay carried
accused for first aid to Mayo Hospital with the aid of neighbour.
Police Constable Shivlal Chhotelal Gour recorded the statement of
Ajay at Mayo Hospital and informed the incident to Jaripatka Police
Station. PW.19 PSI Dhurve rushed to the spot, prepared spot
panchnama and found two knives, one iron crowbar, blood stained
clothes and one chit. The same were seized under spot panchnama
(Exh. 36). Thereafter the statement of Anup was recorded by PSI,
Jaripatka (Exh.113 ) pursuant to which the FIR (Exh. 114 – printed
FIR) was registered under Sections 302 & 309 of Indian Penal Code.
The dead bodies were forwarded to Mayo Hospital for postmortem.
The statement of the accused was recorded by the Investigating
Officer. Natural writings from register of grocery shop of accused
were seized. At the time of conducting spot panchnama photographs
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5
were also taken. The accused was in hospital till 17.06.2011. On the
same day he was arrested. His specimen handwritings and
signatures were obtained in the presence of panchas and his blood
sample was seized. The muddemal articles were sent for chemical
analysis and the documents seized were sent for opinion of
handwriting expert. The statements of several witnesses were
recorded. The Investigating Officer also requested Executive
Magistrate PW.18 Vinod Meshram to record statement of the accused
since there were serious injuries on his person. The statement of the
accused was recorded by PW.18 on 20.4.2011. After completion of
the investigation, chargesheet was filed against the accused in the
Court of J.M.F.C., Nagpur for the offences punishable under Sections
302 & 309 of Indian Penal Code. Since the offences were exclusively
triable by the Court of Sessions, the case was committed to the Court
of Sessions, Nagpur.
3] The accused pleaded not guilty and claimed to be tried.
His defence is of total denial. In Sessions Case No. 461/11 the
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6
prosecution examined 20 witnesses and produced several documents
to prove the charges against the accused. The statement of the
accused under Section 313 of the Criminal Procedure Code was
recorded. The accused did not lead any evidence.
4] The learned trial Judge upon appreciation of the evidence
led by the prosecution held that both the offences were proved
beyond reasonable doubt against the accused. The learned trial
Judge for the purpose of holding that both the offences were made
out against the accused relied upon the following circumstances :
I. Death of both the deceased was homicidal,
II. Presence of serious injuries on the person of the accused and
nonexplanation of the same by the accused,
III. The accused was alone present in the room which was locked
from inside along with the deceased,
IV. Motive,
V. The accused claimed insurance amount from Life Insurance
Corporation by giving false information that his wife had died
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due to heart attack,
VI. The suicide note (Exh. 37) disclosed that the accused had
committed murder of his wife and daughter and had attempted
to commit suicide on account of financial crisis.
VII.The confessional statements made to PW.18 Vinod Meshram,
Executive Magistrate and PW.19 Ashok Dhurve, P.S.I.
VIII.Spot panchnama (Exh. 36), Inquest panchnama (Exhs. 9 &
10) and Chemical Analyser’s Report (Exh. 166).
5] The learned trial Court awarded death sentence to the
accused for the offence punishable under Section 302 of Indian Penal
Code on the ground that the aggravating circumstances clearly
outweighed the mitigating circumstances.
6] Mr. S.S. Doifode, learned Additional Public Prosecutor
submitted that the prosecution has been able to establish beyond
reasonable doubt that the accused committed murder of his wife
Pranita and daughter Shreya by brutally assaulting them with knives
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and the prosecution has also been able to prove that the accused
also committed offence of attempt to commit suicide. Mr. Doifode
further submitted that the murder was preplanned as is evident from
suicide note which the accused wrote prior to the assault. He further
submitted that the evidence of PW.7 Anup and PW.8 Ajay clearly
proves that the accused was found in the company of both the
deceased in the room which was locked from inside and the accused
having not given any probable explanation for several injuries on the
person of both the deceased as well as on himself, the prosecution
has been able to establish beyond reasonable doubt the offence
punishable under Sections 302 & 309 of Indian Penal Code. He
further submitted that the motive suggested in his statements as well
as in suicide note that the accused was having financial crisis has not
been established by the accused but on the contrary the conduct of
the accused in claiming and getting amount of Rs.3,00,000/ from LIC
on account of death of his wife Pranita and that too by claiming that
she died a natural death clearly proves that the accused wanted to
commit her murder for financial gains. He further submitted that the
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9
evidence of PW.7 & PW.8 clearly establishes that the accused was
not in financial crisis as suggested in the suicide note. It was further
submitted that the prosecution has been able to establish presence of
two blood stained knives and suicide note in the room in which the
accused was sleeping with his wife and daughter. It was further
submitted that the evidence of handwriting expert lends corroboration
to the prosecution case that the suicide note was written by the
accused himself and not planted as suggested by the accused. In so
far as the statement made by accused to PW.19 Ashok Dhurve which
was recorded by him is concerned, it cannot be treated as a dying
declaration but has to be treated as statement under Section 164 of
Criminal Procedure Code. It was further argued that in the statement
under Section 313 Criminal Procedure Code, the accused has not
come with any explanation regarding the presence of injuries on the
two deceased which resulted in the death and also the injuries
caused to himself and as such, the prosecution has been able to
establish both the offences against the accused. Lastly, Mr. Doifode
submitted that the learned trial Judge was perfectly justified in
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10
convicting the accused for both the offences for which the accused
has been convicted and imposing death sentence on him for the
offence punishable under Section 302 of Indian Penal Code. In
support of his submissions, the learned Additional Public Prosecutor
relied upon the following decisions :
I. AIR 2011 SC 3690 (Ajitsingh H. Gujral .vs. State of
Maharashtra),
II. 1996(8) SCC 110 (Umashankar Panda .vs. State of U.P.),
III. 2012(3) Scale 182 (Rajendra Wasnik .s. State of Maharashtra),
IV. AIR 2007 SC 607 (Bablu @ Mubarak Hussain .vs. State of
Rajasthan),
V. AIR 1996 SC 787 (Ravji .vs. State of Rajasthan),
VI. 2011 (4) Scale 809 (Md. Mannan .vs. State of Bihar).
VII.2004 (3) Crimes 19 (SC) (State of U.P. .vs. Veer Singh &
others),
VIII.2003 (1) Crimes 90 (SC) (Shrawan Bhadaji Bhirad &
others .vs. State of Maharashtra),
IX. 2012 All MR (Cri) 4135 (SC) (Manish Mubar .vs. State of
Haryana),
X. 2012 (1) SCC (Cri) 1035 (Shanmughan .vs. State of Kerala),
XI. 2004 (3) Crimes 19 (SC) (Doraiswamy .vs. State of U.P.),
XII.2012 All MR (Cri) 3483 (Prabhakar Hirkane .vs. State of
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CONF2.12.final
11
Maharashtra).
7] Per contra, Mr. A. Wasnik, learned Counsel for the
appellant/ accused, submitted that the circumstantial evidence led by
the prosecution is not sufficient to prove beyond reasonable doubt the
offences for which he has been convicted and sentenced. The
learned Counsel further submitted that the suicide note has been
planted inasmuch as the same was found under the cot at the time of
spot panchnama. The learned Counsel further submitted that no
reliance can be placed on the testimony of PW.7 Anup and PW.8
Ajay, inasmuch as their evidence does not inspire confidence. The
learned Counsel further submitted that there is absolutely no
evidence led by the prosecution that it was the accused who stabbed
deceased Pranita and Shreya and in an attempt to commit suicide
caused injuries to himself. According to the learned Counsel, the
injuries to the deceased and to the accused were caused by one
Bihari boy who entered the room during the night through the window
of the room. The learned Counsel further submitted that the
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12
evidence led by the prosecution does not conclusively prove the
offence of murder and attempt to commit suicide by the accused
beyond reasonable doubt and, therefore, the judgment and order of
conviction passed by the learned trial Court deserves to be quashed
and set aside. In the alternative, the learned Counsel submitted that
the death sentence imposed on the accused for the offence
punishable under Section 302 of Indian Penal Code for causing
murder of Pranita and Shreya deserves to be set aside inasmuch as
mitigating circumstances clearly outweigh the aggravating
circumstances against the accused. The learned Counsel further
submitted that the accused does not have any criminal record and the
prosecution has not proved any motive for commission of the offence
alleged against him and considering the age of the accused, the
sentence of death imposed on the accused is totally disproportionate
and as such, deserves to be quashed and set aside. In support of his
submissions, the learned Counsel relied upon the judgment of Apex
Court in the case of Sushil Kumar .vs. State of Punjab reported in
(2010) 1 SCC (Cri) 348 .
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8] We have carefully considered the rival submissions,
perused the record and the judgments relied upon.
9] Admittedly, there is no direct evidence against the
applicant and the evidence is of circumstantial nature. The
prosecution, in order to prove the offences against the accused, has
relied upon the following circumstances :
I. Death of both the deceased was homicidal,
II. Presence of serious injuries on the person of the accused and
nonexplanation of the same by the accused,
III. The accused was alone present in the room which was locked
from inside along with the deceased,
IV. Motive,
V. The accused claimed insurance amount from Life Insurance
Corporation by giving false information that his wife had died
due to heart attack,
VI. The suicide note (Exh. 37) disclosed that the accused had
committed murder of his wife and daughter and had attempted
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14
to commit suicide on account of financial crisis.
VII.The confessional statements made to PW.18 Vinod Meshram,
Executive Magistrate and PW.19 Ashok Dhurve, P.S.I.
VIII.Spot panchnama (Exh. 36), Inquest panchnama (Exhs. 9 &
10) and Chemical Analyser’s Report (Exh. 166).
10] In so far as the first circumstance is concerned, i.e. the
death of Pranita and Shreya was homicidal, there is no serious
dispute. In order to prove the homicidal death of Pranita, prosecution
has examined PW.9 Narendra Kumar, who was Resident Doctor in
I.G.G.M.C. Hostel, at Nagpur. He deposed that he conducted post
mortem on the dead body of Pranita Shingnapure on 8.4.2011. He
found various cut marks on the clothes of the deceased as well as
various injuries on her person. He mentioned the cut marks present
on the clothes of deceased. He further deposed that he found the
following antemortem injuries on the body of the deceased :
(1) Incised wound present on front of neck in midline, 3 cm. below
chin, 9 cm. above suprasternal notch obliquely place of size 4.5 cm.
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15
x 0.5 cm. muscle deep.
(2) Stab wound present over front of neck on right side, 2.5 cm. from
midline, 4 cm. above medial end of right clavicle obliquely placed of
size 2 cm. x 1 cm. muscle deep with tailing present on lower end for
1.5 cm. both angels acute and margins sharp.
(3) Incise wound present over front of neck on right side, 2 cm. below
injury 2, obliquely placed of size 1.5 cm. x 1 cm. subcutaneous tissue
deep.
(4) Stab wound present in left supraclavicular region 5 cm. from
midline, 7 cm. from tip of shoulder, obliquely placed of size 2.5 cm. x
1 cm. cavity deep, both angels acute and margins sharp, directed
downwards, backwards and medially.
(5) Stab wound present in left supraclavicular region, 0.2 cm. below
injury 4 obliquely placed of size 2.5 cm. x 1 cm. cavity deep both
angles acute and margins sharp, directed downwards, backwards
and medially.
(6) Incised wound present over right infraclavicular region, 4 cm. from
midline, 2 cm. below and lateral to medial end of clavicle obliquely
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placed of size 1.5 cm. x 0.5 cm. muscle deep.
(7) Stab wound present over left breast areola, 1 cm. below nipple,
horizontally placed of size 4 cm. x 1 cm. cavity deep both angels
acute and margins sharp, directed backwards and medially,
underlying rib cut and separated.
(8) Stab would present over left breast, 2 cm. lateral to nipple,
vertically placed of size 2 cm. x 1 cm. muscle deep, upper angle
blunt, lower angle acute, levelling present on lateral margin.
(9) Incised wound present over left side of chest, 4 cm. lateral and
below to injury 8, vertically placed of size 1 cm. x 0.5 cm.
subcutaneous tissue deep.
(10) Stab wound present over left side of chest, 6 cm. below and
lateral to nipple, 1 cm. below injury 9 obliquely placed of size 2.5 cm.
x 1.5 cm. cavity deep, both angles acute and margins sharp, directed
backwards and medially, underlying rib cut.
(11) Stab wound present over left side of chest, 2.5 cms. from
midline, 6 cm and medial to left nipple, horizontally placed of size 2.5
cm. x 1 cm. cavity deep, both angles acute and margins sharp,
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directing backwards and medially.
(12) Stab wound present over right breast areola, situated 0.5 cm.
below right nipple, obliquely placed of size 3 cm. x 1.3 cm. cavity
deep, both angles acute and margins sharp, directed backwards and
th
intercostal muscle cut.
medially underlying 6
(13) Stab wound present over lower part of chest on right side
situated 5 cm. from midline, 11 cm. below right nipple, horizontally
placed of size 3.5 cm. x 1 cm. cavity deep, both angles acute,
th
costal
margins sharp, directed backwards and upwards, underlying 7
th
inter coastal space cut.
cartilage and muscles in 7
(14) Stab wound present over lower part of chest on right side in
anterior axillary line, situated 2.5 cm. lateral to injury (13), obliquely
placed of size 3.5 cm. x 1.3 cm. cavity deep, both angles acute and
th
rib
margins sharp, directed backwards and medially, underlying 8
th
intercostal space cut.
and muscles in 8
(15) Stab wound present over left epigastric region, 1.5 cm. from
midline, 3 cm below injury [11], obliquely placed of size 2.5 cm. x 1
cm. cavity deep, both angles acute and margins sharp, directed
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backwards and medially.
(16) Stabbed wound present over epigastric region in midline situated
0.2 cm. below injury [15], obliquely of size 4 cm. x 1.5 cm. cavity
deep, both angles acute and margins sharp, directed backwards.
(17) Stab wound present over left epigastric region situated 2 cm.
below injury [16], obliquely placed of size 3 cm. x 1 cm. cavity deep,
both angles acute and margins sharp, directed backward.
(18) Stab wound present over right hypochondriac region, situated
2.5 cm. below injury [14] obliquely of size 3.5 cm. x 1.3 cm. muscle
deep, levelling present on upper margin, both angles acute and
margin sharp.
(19) Stab wound present over umbilical region in midline situated 5
cm. above umbilicus obliquely placed of size 3.5 cm. x 1.5 cm. cavity
deep, coils of intestine along with mesentry protruding out through the
wound, both angles acute and margins sharp.
(20) Stab wound present over right hypochondriac region situated 4
cm. below injury [13], 3 cm. from midline obliquely placed of size 2
cm. x 0.5 cm. muscle deep, both angles acute and margin sharp.
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19
(21) Stab wound present over right hypochondriac region situated 1
cm. below and lateral to injury [20] obliquely placed of size 2.5 cm. x
0.5 cm. muscle deep, both angles acute and margin sharp.
(22) Stab wound present over right lumbar region situated 2 cm.
below injury [21], 5.5. cm. above and lateral to umblicus of size 1 cm.
x 0.5 cm. muscle deep, both angles acute and margins sharp.
(23) Stab wound present over right lumbar region situated 2 cm.
below injury [18], horizontally place of size 1.5 cm. x 0.5 cm. muscle
deep both angles acute and margins sharp.
(24) Stab wound present over right lumbar region situated 0.5 cm
below injury [23], horizontally placed of size 1.5 cm x 0.5 cm, muscle
deep, both angles acute and margins sharp.
(25) Stab wound present over right lumbar region situated 15 cm.
from midline, 8 cm below injury [10] of size 2 cm. x 0.5 cm. muscle
deep both angles acute and margin sharp.
(26) Stab wound present over left anterior superior iliac spine
obliquely placed of size 3 cm. x 2 cm. muscle deep, both angles
acute and margin sharp.
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(27) Through and through stab wound present over left thigh with
rd
part of thigh
entry wound present on lateral aspect of upper 1/3
situated 10 cm. below left anterior superior spine of size 3 cm. x 1.5
cm. muscle deep, directing upwards and medially leading to a exit
rd
part of thigh
wound present on anterolateral aspect of upper 1/3
situated 6 cm. below injury [26] of size 1 cm. x 0.5 both angles acute
and margin sharp.
(28) Stab wound present over posterolateral aspect of left thigh
situated 1.5 cm. below and lateral to entry wound of injury [27]
horizontally place of size 3 cm. x 1.5 cm. muscle deep, both angles
acute and margins sharp.
(29) Stab wound present over posterolateral aspect of left thigh
situated 0.5 cm. below and lateral to injury [28], obliquely placed of
size 3.5 cm. x 1.5 cm. muscle deep with tailing present over lower
angle for 1.5 cm. both angles acute and margins sharp.
(30) Stab wound present over posterolateral aspect of left thigh
situated 2.5 cm. below injury [29], horizontally placed of size 3.5 cm. x
1.2 cm. muscle deep both angles acute and margin sharp.
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rd
of left
(31) Stab wound present over lateral aspect of middle 1/3
thigh situated 22 cm. below left anterior superior iliac spine of size 3.5
cm. x 1.5 cm. muscle deep, both angles acute and margin sharp.
rd
left thigh
(32) Stab wound present over posterior aspect of lower 1/3
6 cm. below injury [31], obliquely placed of size 2.5 cm. x 1 cm.
muscle deep, both angles acute and margin sharp.
rd
of left
(33) Stab wound present over posterior aspect of lower 1/3
thigh situated 3.5 cm. below injury [32] obliquely placed of size 2.5
cm. x 1 cm. muscle deep, both angles acute and margin sharp.
rd
of left
(34) Stab wound present over posterior aspect of lower 1/3
thigh situated 7.5 cm. below injury [31] of size 2.5 cm. x 1 cm. muscle
deep, both angles acute and margin sharp.
rd
of left
(35) Stab wound present over anterior aspect of lower 1/3
thigh situated 6 cm. below and medially to injury [31], horizontally
placed of size 1.8 cm. x 1 cm. muscle deep, both angles acute and
margin sharp.
rd
of left
(36) Incised wound present over anterior aspect of middle 1/3
leg situated 9 cm. below tibial tuberosity obliquely placed of size 3
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cm. x 1 cm. subcutaneous tissue deep.
rd
of
(37) Stab wound present over anterolateral aspect of middle 1/3
right forearm situated 12.5 cm. above radial styloid process, obliquely
placed of size 3 cm. x 2 cm. muscle deep, both angles acute and
margin sharp.
(38) Stab wound present over anterior aspect of right forearms
situated 2.5 cm. medial to injury [37], obliquely placed of size 3 cm. x
1 cm. muscle deep, both angles acute and margin sharp.
(39) Abrasion present over front of right forearm situated 1 cm. above
injury [38] obliquely placed of size 2.5 cm. x 0.2 cm. dark red.
(40) Through and through stab wound present over left arm with entry
rd
of arm situated
wound present over posterior aspect of middle 1/3
18 cm below tip of left shoulder, vertically, placed of size 2 cm. x 1
cm. muscle deep directing forwards, upwards and medially leading to
rd
of arm of size
exit wound present over medial aspect of middle 1/3
0.5 cm. x 0.5 cm. both angles acute and margin sharp.
rd
of
(41) Stab wound present over posterolateral aspect of middle 1/3
left arm situated 12 cm. above left elbow joint, obliquely placed of size
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2 cm. x 1 cm. muscle deep both angles acute and margin sharp.
rd
of
(42) Stab wound present over posterolateral aspect of lower 1/3
left arm situated 1 cm. below injury [41], horizontally placed of size 4
cm. x 1 cm. muscle deep with tailing present over lateral angled for 1
cm. both angles acute and margin sharp.
rd
of
(43) Stab wound present over posterolateral aspect of lower 1/3
left arm situated 1 cm. below injury [42], obliquely of size 2.5 cm x 1
cm, muscle deep, both angles acute and margin sharp.
rd
of left arm
(44) Stab wound present over medial aspect of middle 1/3
situated 3 cm. below exit wound of injury [40], obliquely placed of size
0.2 cm. x 0.2 cm. muscle deep, both angles acute and margin sharp.
rd
of left arm
(45) Stab wound present over medial aspect of middle 1/3
situated 2 cm. below injury [44], of size 0.5 cm. x 0.5 cm. muscle
deep, both angles acute and margin sharp.
rd
of
(46) Stab wound present over right medial aspect of middle 1/3
left arm situated 4 cm. below injury [45], obliquely placed of size 0.5
cm. x 0.5 cm. muscle deep, both angles acute and margin sharp.
rd
of left arm
(47) Stab wound present over anterior aspect of lower 1/3
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situated 1.5 cm. below and lateral to injury [46], obliquely placed of
size 1.5 cm. x 0.5 cm. muscle deep, both angles acute and margin
sharp.
rd
of left arm
(48) Stab wound present over medial aspect of lower 1/3
situated 3 cm. below injury [47], vertically placed of size 2 cm. x 0.5
cm. muscle deep, both angles acute and margin sharp.
(49) Stab wound present over left cubital fossa, vertically placed of
size 2 cm. x 1 cm. muscle deep, both angles acute and margin sharp.
rd
of
(50) Stab wound present over posterolateral aspect of upper 1/3
left forearms situated 5 cm. below injury [43], obliquely placed of size
2 cm. x 1 cm. muscle deep, both angles acute and margin sharp.
rd
of
(51) Stab wound present over posterolateral aspect of upper 1/3
left forearms situated 1 cm. below injury [50], obliquely placed of size
2.5 cm. x 1 cm. muscle deep with tailing present over lower angles for
3 cm. both angle acute and margin sharp.
rd
of left
(52) Incised wound present over posterior aspect of middle 1/3
forearms, obliquely placed of size 2 cm. x 0.2 cm. subcutaneous
tissue deep.
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rd
part of left forearms on
(53) Linear abrasion present over lower 1/3
posterior aspect, horizontally placed of size 4 cm. x 0.3 cm. dark red.
rd
of left
(54) Linear abrasion present over posterior aspect of lower 1/3
forearms situated 2 cm. below injury [53] of size 4 cm. x 0.2 cm. dark
red.
rd
of left
(55) Incised wound present over anterior aspect of upper 1/3
forearms situated 6 cm. below left cubital fossa, horizontally placed of
size 1 cm. x 1 cm. subcutaneous tissue deep.
rd
of left
(56) Stab wound present over anterior aspect of lower 1/3
forearms situated 4 cm. above wrist joint, vertically; placed of size 2
cm x 1 cm, muscle deep, both angles acute and margin sharp.
rd
of left
(57) Stab wound present over anterior aspect of lower 1/3
forearms situated 2 cm above injury [56], horizontally placed of size 3
cm. x 1 cm. muscle deep, both angles acute and margin sharp.
(58) Stab wound present over back in right lumbar region situated 7
cm. above right iliac crest of size 2.2 cm. x 1 cm. cavity deep,
directing forward and medially, both angles acute and margin sharp.
(59) Stab wound present over back in right infrascapular region
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situated 5 cm. above injury [58], obliquely placed of size 2 cm. x 0.5
cm. cavity deep, directing forward and medially, both angles acute
and margin sharp.
(60) Stab wound present over back in left lumbar region situated 5.5.
cm. above left anterior superior iliac spine, obliquely placed of size
2.5 cm x 1.5 cm. cavity deep, Omentum protruding out though the
wound, both angles acute and margin sharp.
rd
(61) Contused abrasion present over back in midline of middle 1/3
region of size 1.5 cm. x 0.5 cm. dark red.
(62) Contused abrasion present over left side of back in posterior
axillary line situated 16 cm. lateral to midline of size 1.5 cm. x 1 cm.
dark red.
He further deposed that he also prepared diagram showing the
respective injuries. He further deposed that the corresponding
internal injuries related to external injuries were mentioned in column
nos. 20 & 21. He opined that cause of death was ‘haemorrhage and
shock due to homicidal stab wounds to vital organs’. The injuries
individually as well as collectively were sufficient to cause death in
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27
ordinary course of nature. Dr. Shrigiriwar, Associate Professor and
Dr. S.S. Shinge, Resident Doctor were along with him at the time of
postmortem. He identified his signature and those of Dr. Shrigiriwar
and Dr. S.S. Shinge on the postmortem report Exh. 120 and
confirmed its contents as correct. He further deposed that he had
also received requisition from Police Station Jaripatka seeking
opinion on the point of injuries on deceased Pranita and Shreya and
the injuries on Prakash. He had given opinion about deceased
Shreya and accused Prakash. He examined the weapons which
were duly sealed. He opined that cut marks present over clothes and
injury nos. 1, 3, 6, 9, 36, 52 & 55 mentioned in column 17 could have
been caused by weapon no.1, which he identified. Similarly, cut
marks present over clothes and injury nos. 1 to 38, 40 to 52, 55 to 60
mentioned in column no.17 and corresponding internal damage
mentioned in column nos. 20 & 21 could have been caused with
weapon No. 2. He identified both the knives Articles B & C. He
identified his own signature and that of Dr. Wankhede on the opinion
Exh. 122. He further deposed that in suicide cases the person
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committing suicide uses front of the neck, wrist, front of the chest and
abdomen and groin whereas homicidal wounds may be in any part of
the body including those which are not accessible to suicide victim.
Defence wounds are absent in suicidal matters. Selfinflicted injuries
are uniform in depth and direction and they are usually uniform. He
further deposed that injuries on Pranita were homicidal. In the cross
examination, he deposed that when a person is assaulted by knife,
whether such person would shout depends upon position of the victim
and if the victim is sleeping, it is not necessary that he/she would
shout if the hand is kept on the mouth. He further deposed that
injuries on the person of Pranita were on account of both knives.
Thus, the evidence of PW.19 Dr. Narendra clearly proves that the
death of Pranita was homicidal.
11] In order to prove that the death of Shreya was homicidal,
the prosecution examined PW.12 Dr. Suraj Wankhede, who
conducted postmortem on the dead body of Shreya on 8.4.2011. He
found 45 injuries on her person which are as follows :
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(1) Contused abrasion of size 05 x 01 cm present over right chick
situated 1 cm lateral to right ala of pose, red colour.
(2) Stab wound of size 0.5 x 0.5 cm x Tracheal lumen deep present
over anterior aspect of right side of neck situated 2.5 cm lateral to
midline, margins clean angles acute, red colour.
(3) Stab wound of size 2.5 x 01 cm x Tracheal lumin deep
horizontally placed over anterior aspect of right side of neck situated
01 cm lateral to midline and 3 cm below injury No.2 margins clean,
angles acute red colour.
(4) Stab wound of size 2.5 x 01 cm x cavity deep obliquely placed
over anterior aspect of neck situated in midline 0.5 cm above jugular
notch margins clean, angles acute upper border intermingled with left
angle of injury No.3.
(5) Stab wound of size 3.5 x 01 cm x Thorasis cavity deep present
over upper part of left side of chest situated 05 cm below lateral end
of clavical and 8 cm lateral to midline margins clean, angles acute,
red colour.
(6) Stab wound of size 3 x 1 cm x Thorasis cavity deep present over
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left side of upper part of chest horizontally placed 4 cm medial to
injury No.5 and 4 cm. Lateral to midline, margins clean, angles acute
red colour.
(7) Stab wound 3 x 1.5 cm x muscle deep present over left side of
chest 2 cm below situated injury No.6 and 6 cm lateral to midline,
obliquely placed, margins clean angles acute, red colour.
(8) Stab wound of size 2.5 cm x 1 cm x muscle deep present over
rd
of left arm situated 7.5 cm below
anterior lateral aspect of upper 1/3
tip of left shoulder margins clean, angles acute, red coloured.
(9) Stab wound of size 3 x 1.2 cm x muscle deep present over left
lower chest situated 5.5 cm below injury No.7 and 4 cm situated
lateral to midline, margins clean, angles acute red coloured.
(10) Stab wound of size 2 x 1 cm x muscle deep present below injury
No.9 and situated 5 cm lateral to midline margins clean, angles acute
red coloured.
(11) Stab wound of size 2 x 0.7 cm x cavity deep situated 03 cm
below injury No.10 and 6 cm lateral to midline margins clean, angles
acute red coloured.
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(12) Stab wound of size 0.5 x 0.5 cm situated 3.3 cm below injury
No.11 and 6 cm lateral to midline muscle deep, margins clean angles
acute red coloured.
(13) Stab wound of size 2.3 cm x 1 cm x cavity deep present over
upper border of umbilicus tailing present over upper angle for 1.5 cm.
(14) Stab wound of size 1.5 cm x 0.5 cm x muscle deep present over
abdomen situated 4.5 cm below injury No.13 and 0.5 cm lateral to
midline margins clean, angles acute and red coloured.
(15) Stab wound of size of 1.5 cm x 0.5 cm x sub cute present over
right side of abdomen situated 2.5 cm below and lateral to umbilicus
and 2 cm to midline, margins clean angles acute, red coloured.
(16) Stab wound of size 3 cm x 1 cm x cavity deep obliquely placed
over right side of abdomen 01 cm lateral to midline and 3.5 cm above
and lateral to injury No.13 margins clean, angles acute, red coloured.
(17) Stab wound of size 3 cm x 1 cm x cavity deep situated 0.5 cm
above injury No.16, obliquely placed 0.5 cm lateral to midline margins
clean, angle acute, red coloured.
(18) Stab wound of size 3 cm x 1 cm x cavity deep present over
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epigoltric area in midline 4.5 cm above injury No.13, margin clean,
angle acute, red coloured.
(19) Contused abrasion of size 2.5 cm x 0.2 cm present over right
side of abdomen in lumbar area, red coloured.
(20) Contused abrasion of size 0.4 cm x 0.4 cm present over right
side of abdomen situated 3 cm medial to injury No.19 red coloured.
(21) Contused abrasion of size 0.4 cm x 0.5 cm present over right
side of abdomen situated 2 cm from midline 03 cm medial to injury
No.20 red coloured.
(22) Contused abrasion of size 0.4 cm x 0.5 cm present over right
side of abdomen situated 1 cm from midline and 02 cm above the
umbilicus red coloured.
(23) Contused abrasion of size 0.4 cm x 0.5 cm present over right
side of abdomen situated 4 cm from umbilicus red coloured.
(24) Incise wound present over posterior aspect of left corist of size 3
cm x 1 cm vertically placed margin clean, angle acute, red coloured.
(25) Incise wound of size 2 cm x 0.5 cm obliquely placed over present
over posteriorlateral aspect of left elbow, red coloured.
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(26) Incise would of size 0.5 cm x 0.5 cm present over obliquely
rd
of left
placed over present over posterior aspect of upper 1/3
forearm situated 8 cm below olecrenon process, red coloured.
(27) Incise wound of size 0.1 cm x 0.5 cm present over dorsal aspect
of left hand at the base of ring finger and middle finger.
(28) Stab wound of size 2.5 cm x 5 cm x muscle deep over anterior
rd
of left forearm vertically placed situated 2.5 cm
aspect of lower 1/3
above wrist, margin clean, angle acute red coloured.
(29) Contused abrasion of size 0.7 cm x 0.7 cm present in mid
axillary area situated below 16 cm from midline red coloured.
(30) Contused abrasion of size 1.5 cm x 1 cm present in midaxillary
area situated 1.5 cm below injury No.29.
(31) Contused abrasion of size 0.5 cm x 0.5 cm present in cubital
fossa, red in coloured.
(32) Contused abrasion of size 0.5 cm x 0.5 cm present lower part of
chest situated 5 cm from the midline, red in colour.
(33) Stab wound of size 3 cm x 1 cm x cavity deep present over right
lumber region situated 9 cm lateral to midline at the level of 12
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vertebra horizontally placed margins clean angles acute red coloured.
(34) Contused abrasion of size 0.7 cm 0.7 cm x 0.7 cm situated 11
cm above injury No.33 red coloured.
(35) Stab wound of size 4 cm. X 1 cm. x muscle deep present over
posterior aspect of middle 1/3 rd of right thigh situated 11 cm. below
gluteal fold margins clean angles acute, red colour.
(36) Contused abrasion of size 2 cm. x 0.5 cm. situated 8 cm. above
and medial to injury No.35.
(37) Incised wound of size 01 cm. x 0.5 cm. present over posterior
aspect of upper 1/3 rd of thigh margins clean angles acute red colour.
(38) Abrasion of size 0.2 cm. x 0.2 cm. present over left angle of
mandible.
(39) Linear abrasion of size 4 cm. situated 0.5 cm. below injury No.
38.
(40) Linear abrasion present over anterior lateral aspect of neck
situated 4 cm. above medial end of left clavicle red in colour.
(41) Contused abrasion of size 1.5 cm. x 1.5 cm. present over left
supra clavicular region red colour.
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(42) Incised wound of size 01 x 0.5 cm. present over anterior medial
aspect of middle 1/3 rd of right thigh margin clean angles acute red
colour.
(43) Incised wound of size 01 x 0.5 cm. present over anterior aspect
of right knee, margins clean, angle acute red colour.
(44) Stab wound of size 3 cm. x 1 cm. x muscle deep present over
posterior lateral aspect of upper 1/3 rd of right forearm situated 6 cm.
below olecrenon, margins clean angles acute, red colour.
(45) Incised wound of size 0.5 cm. x 0.2 cm. present over posterior
aspect of right forearm obliquely placed, margin clean angles acute,
red coloured.
He also found corresponding internal injuries. He opined that injury
nos. 2 to 7 and 9 to 17 mentioned in column no. 17 along with the
corresponding internal injuries mentioned in column nos. 20 & 21
were sufficient to cause death in the ordinary course of nature. All
these injuries individually as well as collectively were sufficient to
cause death. He identified his signature on postmortem report (Exh.
129) and confirmed its contents as correct. He further deposed that
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the injuries mentioned in Exh. 129, particularly cut marks on clothes
and injury nos. 24 to 27 and 37, 42, 43 & 45 mentioned in column 17
could have been possible with weapon no.1 which was shown to him.
He further deposed that the cut marks present over clothes and injury
nos. 2 to 18, 24 to 28, 33, 35, 37 and 42 to 45 mentioned in column
no.17 and corresponding internal damage mentioned in column nos.
20 & 21 were possible with weapon no.2. The evidence of this
witness has not been shaken in crossexamination and as such, the
prosecution has been able to establish that the death of Shreya was
homicidal.
12] The next circumstance relied upon by the prosecution is
presence of injuries on the person of the accused and non
explanation of the same by the accused.
In order to prove the presence of injuries on the person of
the accused, the prosecution examined PW.12 Dr. Suraj Wankhede,
who prepared injury certificate of the accused on the basis of Bed
Head Ticket. The injuries were as follows :
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(1) Penetrating wound size 3 x 1 x 4 cm. over left side of chest.
(2) Penetrating wound size 3 x 1 x 5 cm. over right side of chest.
(3) Penetrating wound size 4 x 2 x 5 cm. over right side of chest.
(4) Penetrating wound size 3 x 1 x 4 cm. over right side of chest.
(5) Penetrating wound size 3 x 2 x 4 cm. over right side of chest.
(6) Penetrating wound size 2 x 1 x 2 cm. over left side of chest.
(7) Penetrating wound size 3 x 2 x 5 cm. over left side of chest.
(8) Penetrating wound size 3 x 4 x 6 cm. over left side of chest.
(9) Penetrating wound size 4 x 2 x 6 cm. over left side of chest.
(10) Penetrating wound size 3 x 2 x 5 cm. over left upper abdomen.
(11) Penetrating wound size 3 x 2 x 6 cm. over left upper abdomen.
(12) Penetrating wound size 5 x 3 x 7 cm. over upper abdomen in
midline.
(13) Penetrating wound size 3 x 2 x 4 cm. over left hypochondrium.
(14) Penetrating wound size 2 x 1 x 3 cm. over left hypochondrium.
(15) Penetrating wound size 3 x 2 x 5 cm. over left upper abdomen
with expose bowel loops.
(16) Penetrating wound size 5 x 2 x 6 cm. over abdomen in midline
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with expose perforated bowel loops.
(17) Penetrating wound size 3 x 2 x 4 cm. over abdomen in midline
with expose omentum.
(18) Penetrating wound size 4 x 2 x 5 cm. over abdomen in midline
with expose bowel loops.
(19) Penetrating wound size 3 x 1 x 1 cm. over lower abdomen in
midline.
(20) Penetrating wound size 2 x 1 x 2 cm. over right thigh.
He further deposed that the injury nos. 1 to 19 were grievous in
nature whereas injury no. 20 was simple in nature and the same
could be caused by sharp, pointed and cutting object. All injuries
were fresh on admission. Multiple anterior chest wall stab wound
was present, two of them breaching anterior pleura on left side with
minimal haemothorax. Pneumothorax was present on both sides.
All these injuries were on anterior, i.e. front body of accused. He
identified his signature on the injury certificate (Exh. 130) and
confirmed its contents as correct. He further deposed that injuries on
the person of the accused could have been caused with weapon No.2
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which was shown to him. He further deposed that selfinflicted
injuries or suicidal injuries are usually found on the anterior portion of
the body and easily accessible and mostly on chest and abdomen.
Homicidal injuries could be found anywhere over body, could be
single or multiple, irregular and of different sizes. Defence injuries
are generally present in homicidal or assault cases and are found on
hands or parts by which victim takes defence. Generally selfinflicted
injuries are uniform in depth and direction, i.e. parallel to each other.
He further deposed that on the basis of the injuries mentioned in Exh.
130 it appeared that all the injuries were suicidal in nature. In cross
examination of this witness, nothing tangible has been brought on
record and as such, the prosecution has been able to establish that
twenty injuries were found on the person of the accused and the
injuries could be suicidal in nature.
13] The evidence of PW.12 Dr. Suraj Wankhede stands
corroborated by PW.15 Dr. Amrish Shamkuwar, who deposed that on
8.4.2011 he was in the surgery unit of IGGMC at Nagpur along with
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Dr. Tirpude. One patient by name Prakash Shingnapure was
admitted in surgery unit on the same day. On examination of
Prakash, he found multiple selfinflicted sharp cutting deep
penetrating wounds on the anterior aspect of body with the evidence
of bowel coming out of body. He further deposed that the injuries
found on the body of Prakash were described in the discharge card
issued by him and Dr. Tirpurde. The injuries mentioned in Exh. 130
and injuries mentioned by them in the discharge card were the same.
There were total 20 injuries. Accused was discharged on 17.6.2011.
He identified the discharge card and confirmed its contents as
correct. He also identified signature of Dr. Prasad Sor. The
discharge card was marked at Exh. 144. He further deposed that on
12.4.2011 he received requisition from PSI Dhurve as to whether
Prakash was in a position to make any statement. He opined that the
patient was fit to give statement. He identified the requisition (Exh.
145). PSI Dhurve recorded statement of Prakash in his presence and
he made endorsement on the said statement that Prakash was fit to
give statement. He identified his signature, that of PSI Dhurve and of
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Prakash on the said statement. He further deposed as to what was
stated by Prakash in the statement recorded by PSI Dhurve. We do
not deem it necessary to refer to the same inasmuch as while dealing
with the confession alleged to have been made by the accused, we
shall deal with the same. He further deposed that on 12.4.2011 the
Executive Magistrate also had given requisition for recording
statement of Prakash and he made endorsement on the requisition
(Exh. 147) that the patient was fit to give statement. He further
deposed that the Magistrate recorded the statement of Prakash in his
presence. He identified the accused as the person who had given
statement. In crossexamination, he admitted that the accused was
in semiconscious condition when he was brought to the hospital. He
was attending the accused since 8.4.2011 till he was discharged from
the hospital and police officers were deployed in the hospital since
8.4.2011 till he was discharged. He further deposed that he could not
say what was the condition of Prakash on 12.4.2011, i.e. whether it
was critical or not. Prakash was fit to give statement on 12.4.2011.
He denied that Prakash did not give any statement on 12.4.2011 or
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that he had not made any endorsement on Exh. 147. Perusal of the
evidence of PW.15 Dr. Amrish Shamkuwar and the statement of the
accused recorded under Section 313 of Criminal Procedure Code
discloses that the accused has not explained the presence of twenty
injuries on his person which were mentioned in the dischargecard
Exh. 144. It is pertinent to note that in answer to question 65
regarding the presence of twenty injuries on his person, he stated that
he did not know. Thus, the prosecution has been able to establish
that there were selfinflicted injuries on the person of the accused and
no plausible explanation was offered by the accused for the same.
14] The next circumstance relied upon by the prosecution is
that the accused was alone present in the room, which was locked
from inside along with the deceased on the intervening night of
7.4.2011 and 8.4.2011. In order to prove this circumstance, the
prosecution examined two brothers of the accused. PW.7 Anup, who
is his elder brother, deposed that they were in all four brothers, i.e.
Prakash (the accused), Manoj, himself and Ajay. He along with Ajay
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and accused Prakash and their family and their parents were residing
in their house at Jagruti Nagar and Manoj was residing at Akola. He
was serving in the police department. Accused was running a
grocery shop in the house itself and Ajay was serving in Big Bazar.
His father had retired from services of Railway. All the three brothers
were having separate rooms in the house but the kitchen was
common. The accused was married to Pranita and they were having
one daughter Shreya, aged about 11 to 12 years. The relations
between all the family members were good. On 7.4.2011 he came to
house after completing his duty at about 8.30 a.m. in the morning and
left at about 10.30 a.m. He again came back and left the house to
bring his wife from the school at about 3 p.m. and he returned back at
about 6.30 to 7 p.m. after dropping his wife at his inlaws’ house.
Thereafter, he left the house at about 8 p.m., reported his presence at
headquarter and came back to his inlaws’ house and after having
dinner at about 10.15 p.m. along with his wife came to the house.
He noticed that Shreya was sleeping on the cot in the hall and all
family members had completed dinner. All the family members were
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watching T.V. serial at that time. He had a talk with Shreya and he
asked her as to why she had gone to bed early to which she replied
that she was not feeling well. All the family members went to their
respective rooms in between 10.45 p.m. to 11 p.m. His parents used
to sleep in hall. The accused Prakash along with his wife Pranita and
daughter Shreya went in their room ant all other family members went
to bed. At about 3 to 3.15 a.m. he heard shouts. He and his wife
were frightened. When he came out, he saw his mother and other
members shouting and noise was coming from the room of Prakash.
All of them went to the room of the accused but the door of his room
was closed from inside. They tried to open the door but did not
succeed. Thereafter he broke open the door of the room of Prakash
with the help of rod from the house. The accused, his wife Pranita
and daughter Shreya were lying in injured condition and blood was
scattered throughout the room. He was shocked but he observed
some movement in Prakash. He tried to talk to Prakash but his voice
was not clear but he was murmuring as ‘pant’. He, therefore, gave
the pant to Prakash to wear since accused Prakash was in
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underwear. He found one letter in the pant of Prakash. He did not
read over entire contents as his mental condition was not good but he
kept the letter on the spot itself. He informed the police. His brother
Ajay accompanied by Sunil Bagde took Prakash to Mayo Hospital.
Police came to their house at about 5 to 5.15 a.m. and he showed the
spot to police. He had seen dead bodies of Pranita and Shreya in the
room. The police took custody of the letter found on the spot. He
lodged report Exh. 113 at the police station. He also identified printed
FIR Exh. 114. When the chit/letter Exh. 37 was shown to the witness
and he was asked whether it was the same, the witness replied that
he could not tell whether the letter was same or not. Upon the iron
bar being shown to him, he stated that the iron bar was of similar
type. He could not give any reason as to why such incident had
occurred. In crossexamination, he stated that there is a compound
wall on the back side of their house but anybody could enter the
house after crossing compound wall. He further stated that there
were thefts in the colony and in their house also. The accused was
running a shop in front of the house in one room and the financial
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position of their family was good. Pranita had stopped going to
beauty parlour course about five days prior to the incident and upon
being asked as to why she had stopped, Pranita did not give any
reply. He further stated that there were two windows to the room of
Prakash. He further deposed that he had not seen any knife in the
room of Prakash but he was told by the police that two knives were
found in the room of Prakash. He further deposed that one Bihari boy
was teasing Pranita on her way to beauty parlour but he had not
confirmed the same. He admitted that it could be on account of
teasing by said Bihari boy, Pranita had stopped going to beauty
parlour classes. He could not say whether there was one sided love
affair of Bihari boy. He could not tell with certainty whether said
Bihari boy had murdered Pranita, Shreya and injured his brother
accused Prakash. He could not state whether said Bihari boy after
murdering them left in Scorpio from their house. He denied that he
had not broken the door of the room of Prakash. He denied that in
order to save the reputation of their family, he was not telling the truth
before the Court.
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15] The prosecution also examined PW.8 Ajay, the brother of
the accused who stated that he along with PW.7 Anup, the accused
and their family members and their parents were residing at Jagruti
Nagar and he was getting salary of Rs.7000/ and accused was
looking after household expenses of the entire house and he used to
initially contribute Rs.3000/ which was increased to Rs.4000/. On
7.4.2011 he along with his wife came to the house at about 11.30
p.m. and all the family members went in their respective rooms. At
about 3.30 a.m. he heard noise of knocking of his door by his mother.
He came out of his room and heard shouts coming from the room of
the accused. All of them were frightened. They tried to open the
door but there was no response. Thereafter, the door was broken by
means of an iron rod. Prakash, Pranita and Shreya were lying in the
room in injured condition. All of them were shocked after seeing the
incident. Pranita and Shreya were not giving any response but there
was some movement in Prakash. The accused had a talk about a
chit with PW.7 Anup. He thereafter took the accused in Scorpio jeep
of neighbour to Mayo Hospital. His statement was recorded on
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8.4.2011. He could not say whether the iron rod which was shown to
him was the same which was used for breaking the door. He further
stated that there was no dispute in the family. During cross
examination he stated that he and PW.7 Anup were only two
members who had entered the room of Prakash at about 3.30 a.m.
and they were in the room for about 10 to 15 minutes. He denied the
suggestion that within 15 minutes they had carried Prakash to Mayo
Hospital. Police did not seize his blood stained clothes nor he had
handed over the same to police. He had not seen two knives in the
room of accused when he entered there. There was one big window
to the room of Prakash and one could easily enter the room of
Prakash through the said window. He could not say whether Bihari
boy entered the room of Prakash and after committing murder of
Pranita and Shreya, fled from window. He denied the suggestion that
he was not present in the night of 7.4.2011 in the house or that he did
not carry accused to Mayo Hospital. There is absolutely no reason
pointed out to reject the evidence of PW.7 and PW.8 which inspires
confidence. Thus, the prosecution has been able to establish that the
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accused was alone present in the room with deceased Pranita and
Shreya in the room locked from inside.
16] We shall now deal with circumstance nos. (iv), (v) and (vi).
Perusal of the judgment discloses that the learned trial Court has held
that financial crisis was one of the reasons for the accused to commit
murder of his wife and daughter and also that the accused claimed an
amount of Rs.3,00,000/ from Life Insurance Corporation on account
of death of his wife Pranita by falsely claiming that Pranita died on
account of heart attack. The suicide note Exh. 37 which has been
also proved by the prosecution to be in the handwriting of the
accused clearly proves that he committed double murder on account
of financial crisis. The prosecution examined PW.17 Rambhau
Aglawe, father of Pranita to prove that after the death somewhere in
June, 2011 the accused claimed the insurance amount of Rs.
3,00,000/ on account of death of his wife Pranita claiming that her
death occurred on account of heart attack. His evidence also
corroborates the version of PW.7 Anup that dead body of Pranita and
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Shreya were lying in the room occupied by the accused and that door
of the room was broken open. His evidence further discloses that on
his application LIC gave him entire record of the claim made by the
accused on account of death of his wife Pranita claiming that she had
died due to heart attack. He informed the said fact to Police Station
Jaripatka in writing on 28.3.2012. No doubt, the documents produced
by him disclosed that the accused claimed an amount of Rs.
3,00,000/ from LIC on the ground that she had died on account of
heart attack and the said amount was paid to the accused by LIC on
25.7.2011 and the same was withdrawn between 30.7.2011 till
28.11.2011. The learned trial Court has used the circumstance
against the accused. This circumstance also corroborates the
suicidenote (Exh.37). No doubt, PW.7 Anup and PW.8 Ajay, the
brothers of the accused have stated that the accused was not in
financial crisis but in our view, it was for the accused to decide as to
whether he was in financial crisis or not and on this aspect, the
statements made by PW.7 Anup & PW.8 Ajay cannot be taken as
conclusive. We, therefore, have no hesitation to hold that the
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accused committed double murder on account of financial crisis.
Moreover, it is pertinent to note that the prosecution has not led any
other evidence to prove any other motive on the part of the accused
to commit double murder.
17] The prosecution has relied upon suicide note (Exh. 37)
found in the room of the accused which discloses that he had
committed murder of his wife and daughter and had attempted
suicide on account of financial crisis. The suicide note was seized in
terms of spot panchnama (Exh. 36) which has been duly proved by
PW.1 Vijay Meshram, who was panch to the spot panchnama. The
evidence of PW.7 Anup also proves that the suicide note was
collected by him from the pant of the accused while he handed over
the pant to the accused and he had kept the same on the spot.
Moreover, the fact that the suicide note was written by the accused
has been proved by the prosecution through the evidence of PW.6
Albert Joseph, who was panch in respect of panchnama conducted
for obtaining specimen handwriting of the accused and that of PW.13
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Vinodkumar Meshram, the handwriting expert. The evidence of PW.
13 Vinod Meshram clearly proves that he compared specimen
writings at Exhs. S1 to S9 which have been marked as Exhs. 86 to 94
in the Court record and the admitted documents written by the
accused as Exhs. N1 to N6 which have been marked as Exhs. 76 to
80 in the Court record and he opined that they were written by the
same person. He has identified his opinion given in writing (Exh.
139). He has also placed on record detailed reasons for his opinion
(Exh. 139) which was taken on record and marked as Exh. 141. In
the crossexamination, nothing tangible has been brought on record
to discredit his testimony. Therefore, we have no hesitation to hold
that the suicide note was written by the accused himself. A bare
perusal of the said suicide note discloses that the accused committed
murder of his wife and daughter and also attempted to commit his
suicide on account of financial crisis. Thus, the prosecution has
proved the circumstances at serial nos. (iv), (v) and (vi).
18] The next circumstance relied upon by the prosecution is
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the confessional statements made by the accused to PW.18 Vinod
Meshram, the Executive Magistrate and to PW.19 PSI Ashok Dhurve.
In order to prove the confessional statement (Exh. 156) made to the
Executive Magistrate, the prosecution examined PW.18 Vinod
Meshram. The statement of the accused was recorded on 20.4.2011
as a dying declaration since the accused had severe injuries on his
person and in the event of his death, the prosecution wanted to rely
upon the same. However, the accused survived and as such, the
same cannot be used as dying declaration. Mr. Doifode, the learned
Additional Public Prosecutor is right in placing reliance upon the
judgment of the Apex Court in the case of Veer Singh (supra) in
which the Apex Court has held that if a statement made to a
Magistrate by an accused is recorded as dying declaration and if the
accused survives, the same can be used under Section 164 of the
Criminal Procedure Code. Similar is the ratio laid down by the Apex
Court in the case of Shrawan Bhadaji Bhirad & others .vs. State
of Maharashtra (supra) . The evidence of PW.18 Vinod Meshram
which is corroborated by the statement (Exh. 156) clearly proves that
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the accused committed murder of his wife and daughter and
attempted to commit suicide on account of financial crisis. Therefore,
in our view, the prosecution has been able to establish this
circumstance against the accused. However, in so far as the
statement (Exh. 146) made to PW.19 PSI Ashok Dhurve is
concerned, in our view, the trial Court ought not to have relied upon
the same in support of the prosecution case. The statement made by
the accused to the Investigating Officer was clearly hit under the
provisions of Section 25 of the Evidence Act and Sections 161 & 162
of the Evidence Act. Therefore, no reliance could have been placed
upon the confessional statement alleged to have been made by the
accused to PW.19 Ashok Dhurve.
19] The next circumstance relied upon by the prosecution is
spot panchnama (Exh. 36) which has been duly proved by PW.1 Vijay
Meshram. His evidence clearly proves that in the room of the
accused, his wife and daughter were lying in dead condition on
8.4.2011 at about 5.30 a.m. and one chit was lying beneath the bed
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and the same were seized by the police. His testimony has not been
shaken in crossexamination and his evidence appears to be quite
natural which is corroborated by spot panchnama (Exh. 36).
Moreover, the inquest panchnamas (Exhs. 9 & 10) conducted on the
dead body of Pranita and Shreya also lend corroboration to the
version of PW.7 Anup and PW.8 Ajay as also the medical evidence
led by the prosecution. Therefore, in our considered view, the
prosecution has been able to establish and prove the spot
panchnama and inquest panchnamas which clearly lend
corroboration to the prosecution case.
C.A. report (Exh. 166) also lends corroboration to the
prosecution case. The blood group of Pranita was ‘AB’ and that of
Shreya was ‘A’. C.A. report (Exh. 166) discloses that blood of ‘A’
group was detected on bedsheet, knife, slip of Shreya, underwear of
Shreya and half pant of Shreya. Similarly, it also disclosed that blood
of ‘AB’ group was detected on bedsheet, gown, petticoat, knicker
and brassiere of Pranita. Therefore, the C.A. report (Exh. 166) also
lends full corroboration to the prosecution case.
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20] Admittedly, the case rests on the circumstantial evidence.
In the case of Sharad Birdhichand Sarda .vs. State of
Maharashtra reported in AIR 1984 SC 1622, the Supreme Court
has laid down the five tests which have to be satisfied before
conviction can be recorded on the basis of circumstantial evidence.
They are as follows :
(1) the circumstances from which the conclusion of guilt is to be
drawn should be fully established. The circumstances
concerned ‘must or should’ and not ‘may be’ established.
(2) The facts so established should be consistent only with the
hypothesis of the guilt of the accused, that is to say, they
should not be explainable on any other hypothesis except that
the accused is guilty,
(3) the circumstances should be of a conclusive nature and
tendency,
(4) they should exclude every possible hypothesis except the one
to be proved, and
(5) there must be a chain of evidence so complete as not to leave
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any reasonable ground for the conclusion consistent with the
innocence of the accused and must show that in all human
probability the act must have been done by the accused.
The question which arises for consideration is whether the
circumstantial evidence led by the prosecution is sufficient to prove
the offences for which the accused has been convicted. We have
already held that the circumstances mentioned above in paragraph 4
hereinabove, except the alleged confessional statements made by
the accused to PW.19 have been proved against the accused. In our
considered view, all the circumstances which have been proved taken
cumulatively clearly establish that it was the accused and the
accused alone who was responsible for the murder of his wife and
daughter. It is pertinent to note that although a faint defence has
been taken by the accused that one Bihari boy who had one sided
love affair with his wife Pranita had entered the room during the
intervening night of 7.4.2011 and 8.4.2011, no foundation has been
laid to probabalize the said defence. It is pertinent to note that till
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PW.7 was examined the accused did not come out with this defence
to any of the persons including the Investigating Officer. Moreover, it
is to be noted that in his statement recorded under Section 313
Criminal Procedure Code, the accused except for denying the
prosecution case has not stated that the murder of his wife and
daughter and assault on him were committed by a Bihari boy. The
burden of proving as to how Pranita and Shreya suffered serious
injuries resulting in their instantaneous death was on the accused
which has not been discharged by him. Therefore, in our view, the
prosecution has been able to establish beyond reasonable doubt that
the accused who found himself in financial crisis thought it fit to get rid
of his wife and daughter and also attempted to commit suicide.
21] The next question which arises for consideration is
whether the death sentence awarded to the accused for the offence
of murder under Section 302 of Indian Penal Code is justified. The
learned trial Court has awarded death sentence to the accused on the
ground that aggravating circumstances outweighed mitigating
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circumstances. According to the learned trial Court, the following are
the aggravating circumstances which justify imposition of death
penalty on the accused :
i. The murder was preplanned and executed with extreme
brutality since the deceased had 62 and 45 wounds on their
bodies,
ii. Both the accused were innocent, helpless and were sleeping at
the time of commission of the offence,
iii. Withdrawal of LIC amount of Rs.3,00,000/ in terms of the
policy of his wife Pranita ,
iv. The act of murder displayed total depravity of mind and
extreme perversity making the crime uncommon,
v. There was no chance of accused reforming himself in future.
22] The law regarding imposition of death penalty is by now
wellsettled. The Apex Court in the case of Bachan Singh .vs. State
of Punjab reported in AIR 1980 SC 898 has laid down guidelines in
so far as imposition of death penalty is concerned. They are as
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follows :
(a) The extreme penalty of death may be inflicted in gravest cases
of extreme culpability;
(b) While imposing death sentence the circumstances of the
offender are also required to be taken into consideration along
with the circumstances of the crime;
(c) Death sentence be imposed only when life imprisonment
appears to be a altogether inadequate punishment having
regard to the relevant circumstances of the case; and
(d) Extreme penalty can be imposed after striking the balance
between aggravating and mitigating circumstances found in the
case.
The Apex Court has further held that the aggravating circumstances
include commission of murder after planning and with extreme
brutality or exceptional depravity. The Apex Court further held that
the following mitigating circumstances have to be considered while
imposing death sentence :
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“(1) That the offence was committed under the influence of
extreme mental or emotional disturbance.
(2) The age of the accused. It the accused is young or old,
he shall not be sentenced to death.
(3) The probability that the accused would not commit
criminal acts of violence as would constitute a continuing
threat to society.
(4) The probability that the accused can be reformed and
rehabilitated. The State shall by evidence prove that the
accused does not satisfy the conditions 3 and 4 above.
(5) That in the facts and circumstances of the case the
accused believed that he was morally justified in committing
the offence.
(6) That the accused acted under the duress or domination
of another person.
(7) That the condition of the accused showed that he was
mentally defective and that the said defect impaired his
capacity to appreciate the criminality of his conduct.”
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In the later judgment, the Apex Court in the case of Macchi Singh
and others .vs. State of Punjab, AIR 1983 SC 957 , upheld the
above guidelines and further held that death sentence could be
imposed only in the rarest of rare cases when the collective
conscience of community is so shocked that it would expect the
holders of judicial power to inflict the death penalty irrespective of
their personal opinion as regards the desirability or otherwise of
retaining death penalty as a sentencing option. The Apex Court held
that the following circumstances can be considered as “rarest of rare”
for imposing capital punishment by entertaining such sentiment of the
community :
(1) When the murder is committed in an extremely brutal,
grotesque, diabolical, revolting, or dastardly manner so as to
arouse intense and extreme indignation of the community.
(2) When the murder is committed for a motive which evinces total
depravity and meanness. e.g. Murder by hired assassin for
money or reward; or cold blooded murder for gains of a person
visavis whom the murderer is in a dominating position or in a
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position of trust; or murder is committed in the course for
betrayal of the motherland,
(3) When murder of a member of Scheduled Caste or minority
community etc., is committed not for personal reason but in
circumstances which arouse social wrath; or in cases of 'bride
burning' or 'Dowry deaths' or when murder is committed in
order to remarry for the sake of extracting dowry once again or
to marry another woman on account of infatuation.
(4) When the crime is enormous in proportion. For instance when
multiple murders, say of all or almost all the members of a
family or large number of persons of a particular caste,
community, or locality, are committed.
(5) When the victim of murder is (a) an innocent child or a helpless
woman or old or infirm person, or a person visa vis whom the
murderer is in a dominating position, or a public figure generally
loved and respected by the community.”
The Apex Court further held that while considering as to whether
death sentence should be imposed or not, full weightage must be
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accorded to mitigating circumstances and just balance has to be
struck between aggravating and mitigating circumstances.
23] In the case of
Sushil Kumar .vs. State of Punjab
reported in (2010) 1 SCC (Cri) 348 (supra) relied upon by the
learned Counsel for the accused, the appellant had committed
murder of his wife, minor son and daughter. High Court of Punjab &
Haryana awarded death sentence to the accused for triple murder.
The Apex Court commuted the death sentence to life imprisonment
after considering the following mitigating circumstances :
“(i) appellant had been unemployed for last 7 to 8 months
(ii) he used to borrow money from others to meet his daily needs.
(iii) he himself had consumed 'sulphas tablets' to commit suicide,
even though not medically established.
(iv) he, therefore, was keen that his whole family should be
finished and no one should be alive to suffer the pain and agony
alone,
(v) he was fed up with his life and was seen in a perplexed
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condition by PW4.
(vi) in any case, he cannot be a threat to the society and there
are fairly good chances of his reformation as he has learnt sufficient
lesson from it”.
24] In the present case, no doubt the murder committed by the
accused of his wife and daughter was brutal since he inflicted 62 and
45 stab wounds on his wife and daughter respectively resulting in
their instantaneous death. However, the fact remains that the
accused attempted to commit suicide as is evident from the presence
of 20 injuries on his person. Moreover, the accused was in hospital
from 8.4.2011 till 17.6.2011. The prosecution evidence itself
suggests that the reason for the accused to commit murder of his
dear ones and to attempt suicide was on account of the financial
crisis. The facts in the present case, though not exactly identical with
the facts in the case of Sushil Kumar (supra), the fact remains that
they are almost similar. It is also pertinent to note that the accused
has no criminal record and nothing is brought on record by the
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prosecution to establish that the accused is going to be threat to the
society or that there are no chances of his reformation. Therefore, in
our considered opinion, after striking a balance of aggravating and
mitigating circumstances, we are of the considered opinion that this is
not a case where accused deserves death penalty.
25] In our opinion, this case cannot be termed as “rarest of
rare” and, therefore, imposition of death penalty on the accused for
committing murder is not justified.
26] Although we have held that this is not “rarest of rare case”,
yet the fact remains that the murder committed by the accused is
brutal and diabolic. The accused without any fault on the part of his
wife and daughter inflicted 62 and 45 wounds respectively with deadly
weapons, i.e. knives. Therefore, in our considered opinion, this is a
case in which though the death sentence deserves to be set aside,
the interest of justice would be served by directing the accused to
undergo minimum sentence of imprisonment of 30 years. This
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course is permissible in view of ratio laid down by the Apex Court in
the case of Swamy Shraddananda alias Murali Manohar
Mishra .vs. State of Karnataka reported in AIR 2007 S.C. 2531. In
the said case, after setting aside the death sentence, the Supreme
Court directed that the appellant would undergo “life sentence”.
Reliance was placed on earlier judgments of the Apex Court in the
case of Subhash Chander .vs. Krishan Lal and others (2001) 4
SCC 458, Ram Anup Singh and others .vs. State of Bihar (2002) 6
SCC 686, Prakash Dhawal Khairnar (Patil) .vs. State of
Maharashtra (2002) 2 SCC 35, Shri Bhagwan .vs. State of
Rajasthan (2001) 6 SCC 296 and Mohd. Munna, etc. .vs. Union of
India & others, etc. (2005) 7 SCC 417 .
27] In the case of Subhash Chander (supra), the accused
killed the whole family of one Bhagwan Ram. The Apex Court while
setting aside the death sentence imposed by Sessions Court which
was confirmed by the High Court, held that the accused would
undergo imprisonment for rest of his life and he would not be entitled
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to any commutation or any premature release under Criminal
Procedure Code, Prisoners Act, Jail Manual or any other statute. In
the case of Ram Anup Singh (supra), the Apex Court set aside the
death sentence awarded to appellant nos. 2 & 3 and sentenced them
to undergo imprisonment for life subject to the condition that they
shall not be released before completing an actual term of 20 years
including the period already undergone by them. In the case of
Prakash Khairnar (supra), the Apex Court aside aside the death
sentence and sentenced him to undergo imprisonment for life subject
to condition that he would serve at least 20 years of imprisonment
including the period already undergone. In the case of Shri Bhagwan,
the accused who was convicted for murder of 5 persons and for
committing dacoity along with other accused was sentenced to
imprisonment for life by setting aside death sentence subject to the
condition that he would serve at least 20 years’ imprisonment
including the period already undergone. Thus, the Apex Court has
consistently held that in a case where death sentence is commuted to
life on the ground that mitigating circumstances outweigh aggravating
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circumstances but the murder is brutal and diabolic, the Court
sentencing the accused can very well direct that the accused shall
undergo imprisonment for life subject to the condition that he would
undergo minimum period of imprisonment as mentioned in the order.
As stated above, in our view, the interest of justice would be served if
the accused is directed to undergo imprisonment for life subject to the
condition that he would not be released unless he undergoes actual
period of imprisonment for a minimum period of 30 years. We do not
deem it necessary to refer to in detail all the authorities relied upon by
Mr. Doifode, learned Additional Public Prosecutor, but we have taken
into consideration the ratio of the said judgments while recording
findings in the present case.
28] The accused has been sentenced by the trial Court to
death and also to pay fine of Rs. Three Lakhs and in default, to
undergo R.I. for five years. Out of the said amount, an amount of Rs.
2,50,000/ has been ordered to be forwarded to District Legal Aid
Committee and Rs.50,000/ to State of Maharashtra. The learned
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trial Judge has accepted the prosecution case that the accused
committed double murder and attempted to commit suicide on
account of financial crisis. If that be so, we fail to understand as to
how the learned trial Judge could have imposed exemplary fine of Rs.
3,00,000/ on the accused and further directed that an amount of Rs.
2,50,000/ be forwarded to District Legal Aid Committee and Rs.
50,000/ to State of Maharashtra. We, therefore, set aside the
imposition of fine of Rs.3,00,000/ imposed on the accused for the
offence punishable under Section 302 of Indian Penal Code and
reduce the fine amount to Rs.5,000/ (Rupees Five thousand only).
29] Before we conclude, we would like to deal with one aspect
of the matter which the Sessions Court has dealt with. In the
operative part of the order at (6), the learned trial Judge has directed
Commissioner of Police, Nagpur to conduct probe in terms of
direction given in paragraphs 66, 67 and 71 within two months and
initiate action against wrong doers as per provisions of law. The trial
Court has observed that the accused with the connivance of family
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members has claimed the insurance amount from the LIC in respect
of his wife Pranita by falsely claiming that Pranita died on account of
heart attack. The learned trial Judge has held that since the accused
himself has committed murder of Pranita, there was no question of
claiming insurance amount and, therefore, prima facie offences are
made out against the accused and his family members. We fail to
understand as to how the learned trial Judge could have directed
probe and that too by Commissioner of Police, Nagpur while dealing
with a Sessions Case. If the accused had falsely made claim and got
the amount from LIC in respect of insurance policy of his wife, it was
for the LIC to take appropriate action in the matter. In our view, the
said direction is patently unsustainable and as such, the same is
quashed. Moreover, in the course of argument, Mr. Doifode, the
learned Additional Public Prosecutor submitted that in terms of
direction only enquiry has been conducted but no further action has
been taken. Be that as it may, since we have found that the said
direction is without jurisdiction, no further action need to be taken by
the Commissioner of Police of Nagpur. Needless to mention that if
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LIC is aggrieved by the claim made by the accused, LIC is free to
take appropriate action against the accused if it is so advised.
30] In the result, we pass the following
O R D E R
I. Reference made by learned Additional Sessions Judge is
rejected and the appeal is partly allowed to the extent of
sentence only,
II. The conviction of the accused Prakash Vinayakrao
Shingnapure for the offence punishable under Section 309 of
the Indian Penal Code and the sentence imposed on him by
the trial Court is maintained,
III. The conviction of the accused Prakash Vinayakrao
Shingnapure for the offence punishable under Section 302 of
the Indian Penal Code is maintained. However, the death
sentence imposed on him is set aside and the same is
commuted to life imprisonment subject to rider that the accused
shall not be released unless he has undergone 30 years of
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imprisonment including the period already undergone by him.
The accused shall also be liable to pay fine amount of Rs.
5,000/ (Rupees Five thousand only) and in default, to suffer
R.I. for one year.
IV. The substantive sentences are ordered to run concurrently,
V. The order passed by the learned trial Judge in so far as
disposal of property is concerned is maintained.
JUDGE JUDGE
J.
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