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Synopsis

The Bombay High Court today upheld the conviction and death penalty of a man from Kolhapur who killed his 60-year-old mother and mutilated her body.

A division bench of the high court comprising Justice Revati Mohite Dere and Justice PK Chavan was hearing an appeal filed by the man against the Kolhapur Sessions Court's death penalty order.

The mother’s body was found in the house with her internal organs, such as the liver, heart, ribs, and intestines, scattered on the floor. Additionally, the heart was placed on a platter in the kitchen, and the ribs were found in an oil bottle mixed with chilli powder and salt.

The convict's Bermuda shorts, clothes, hands, and even mouth were found stained with blood. The prosecution alleged that the man's motive for killing his mother was her refusal to give him her pension, which he wanted to satisfy his liquor addiction.

The high court, in its order, observed that even if the man were given life imprisonment, he would still pose a threat to fellow inmates.

“Apart from the extreme brutality, cruelty and barbarism with which the convict had murdered his mother in a cold blooded manner, one cannot turn nelson’s eye that his conduct was akin to cannibalism and, therefore, he could be a potential threat and danger to the inmates in the jail, in case, sentence of life imprisonment is awarded. A person who could commit such a heinous crime by killing his mother, can do so with anyone else, including his own family. His social integration, therefore, is unquestionably foreclosed” the order reads.

The high court in its order further recorded that during an interaction with the convict through video conferencing, the bench observed no signs of remorse.

“During interaction with the convict through Video Conferencing, we do not find any remorse, penitence or repentance on his face. Normally, a deep regret should have come from him by a deep sense of guilt. He just feigned innocence contending that he does not remember anything,” the order states.

Additionally, the bench also noted that if mercy were shown to the man, it would be a misapplication of the concept of mercy and a mockery of the criminal justice system.

“Under the circumstances, showing mercy or leniency to such a person, would be misplacing the concept of mercy. That apart, showing leniency would be a mockery on the criminal justice system. Therefore, death penalty imposed by the trial Court, needs to be confirmed and accordingly stands confirmed. It is a well settled law that possibility of reformation and rehabilitation of the convict is an important factor which is to be taken into account as a mitigating circumstance before sentencing him to death,” the order reads.

Case title: State of Maharashtra vs Sunil Rama Kuchkoravi