The Bombay High Court (Nagpur Bench) partly allowed the criminal appeal, modifying the conviction of the accused from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304-II IPC, sentencing her to 10 years rigorous imprisonment and a fine.
The deceased and accused had an intimate relationship opposed by family. The deceased allegedly harassed the accused to withdraw a sexual assault complaint and insisted on marriage. The accused stabbed the deceased with a razor and struck him with a pestle during an altercation on 22 June 2004. The body was found decomposed in the accused’s house.
The Sessions Judge convicted and sentenced the accused for murder under Section 302, relying on circumstantial evidence and the accused’s FIR confession. The appeal claimed exception under grave and sudden provocation, and argued that the confession recorded via FIR was inadmissible under Sections 24 and 25 of the Evidence Act.
The Bench comprising Justice Urmila Joshi Phalke and Justice Nandesh S. Deshpande reiterated the legal principles of circumstantial evidence and extra-judicial confession admissibility. It held that confession made voluntarily to a neighbour alongside supportive forensic evidence was credible.
The Court further held that the provocation exception was applicable where the accused lost self-control due to continued harassment from the deceased. Accordingly, the sentence was modified to 10 years under Section 304-II, with fine and bail bonds cancelled.
In result, the appeal was partly allowed to set aside the conviction under Section 302 IPC and convert it to Section 304-II IPC, reflecting culpable homicide not amounting to murder. The accused was sentenced to rigorous imprisonment for 10 years with penalties imposed. The accused was directed to surrender and undergo sentence accordingly.
Cases referred to:
1. State of U.P. Vs. M.K. Anthony, (1985) 1 SCC 505
2. Sahoo Vs. State of U.P., AIR 1966 SC 40
3. Ramu Appa Mahapatar Vs. State of Maharashtra, (2025) 3 SCC 565
4. Subramanya Vs. State of Karnataka, (2023) 11 SCC 255
5. Anbazhagan Vs. State represented by the Inspector of Police, 2023 SCC OnLine SC 857
6. Mathri Vs. State of Punjab, AIR 1964 SC 986
Appearances:
Mr. R.L. Khapre, Senior Advocate a/b Mr. Mandar Deshpande, Advocate for the Appellant.
Mr. M.J. Khan, APP for the Respondent/State.
