Case Note & Summary
The Supreme Court partly allowed the criminal appeal filed by Appellants against her conviction under Section 302 of the Indian Penal Code for murdering her two minor daughters. The incident occurred on 05 June 2015 in Bharadkala village, Bemetara district, Chhattisgarh, where the appellant assaulted her daughters aged 5 and 3 years with an iron crowbar, causing fatal head injuries. The prosecution case relied on eyewitness testimony from Sonam Sahu (PW-1), who witnessed the appellant hitting the younger daughter with the weapon, and medical evidence from Dr. G.S. Thakur (PW-18) confirming homicidal death due to head injuries. The Trial Court convicted the appellant on 29 June 2016, which was upheld by the High Court on 21 November 2023. The Supreme Court analyzed the evidence and found the eyewitness testimony credible and corroborated by medical evidence, establishing guilt beyond reasonable doubt. The defense claim of mental incapacity was rejected due to lack of evidence.-- Absence of motive-- No Act of premeditation--Conviction U/s 302 of IPC altered to Conviction U/s 304-Part-II of IPC.
Headnote
Criminal Law-- Indian Penal Code, 1860 -- Sections 302, 304 Part-II and 84 -- Code of criminal Procedure, 1973-- Sections 313 and 161 -- Evidence Act, 1872-- Sections 165 and 105 -- Appellant/accused lady by causing grievous injuries to her two minor daughters- Death of both daughters-- Complaint u/s 302 of IPC-- Murder-- PW-1 was sole eye witness who was sister-in-law of appellant residing in the same house-- Conviction u/s 302 of IPC by trial court-- Appeal before High court-- Dismissal of appeal-- Challenged before supreme curt-- Case proved from the testimony of PW-1 -- Corroboration from other witnesses to the version of PW-1 -- As per evidence of witness PW-1, appellant was crying and saying that she had killed her children--Seizure of crime weapon on the basis of statement of appellant-- FSL report confirmed the presence of human blood on the seized iron pounder-- No illegality in the findings of trial court as well as the high court-- Question as to whether homicide was 'Culpable homicide' within the Section 299 of IPC--Difference between 'Murder' and 'Culpable homicide not amounting to murder'-- Cases referred-- Difference between two offences-- "Intention to kill"-- Burden of proof is on the prosuction-- Plea made by the appellant that at relevant point of time she was under influence of some invisible power as stated U/s 313 of CRPC-- Five Exception to Section 300 of IPC-- Burden to prove u/s 105 of Evidence Act is on prosecution-- Cases referred-- Difference between medical insanity and legal insanity-- No evidence as to unsound mind of appellant-- No evidence as to strained relationship between appellant and her husband-- Fundamental principles of criminal law-- Statement U/s 161 of CRPC cannot be used for any purpose in a trial due to embargo u/s 162 of CRPC-- Wide powers of court U/s 165 of Evidence Act of trial court to put question-- Absence of premeditation to commit an offence-- Powers of the court to invoke Section 165 of Evidence Act to exmine witness to subserve the cause of justice and public interest-- Case of Siddhartha Vashist (Supra) referred-- Lacuna in putting question u/s 313 of CRPC to the accused--Act was committed by the appellant without the intention of causing death-- Case covered u/s Part-II of Section 304 of IPC-- Conviction altered from U/s 302 of IPC to 304-Part-II of IPC-- Appellant already undergone sentence more than 9 years and 10 months-- Sentence reduced to already undergone-- Observations-- Directions-- Appeal Partly allowed Para-- 14, 16, 17, 18, 19, 20, 21, 24, 25, 26, 27, 28, 29, 30, 31, 34, 43, 46, 55, 60, 61
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Issue of Consideration: Whether the prosecution proved beyond reasonable doubt that the appellant caused the deaths of her two minor daughters under Section 302 of the Indian Penal Code
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Final Decision
The Supreme Court dismissed the criminal appeal and upheld the conviction of the appellant under Section 302 of the Indian Penal Code -- The life imprisonment sentence with fine of Rs. 1000/- was maintained -- The Court found the prosecution proved guilt beyond reasonable doubt through credible eyewitness testimony and corroborating medical evidence
