Bombay High Court Modifies Conviction in Nagpur Case from Murder to Culpable Homicide

Accused's Act Covered Under Exception of Grave and Sudden Provocation, Reducing Life Sentence to 10 Years

In a significant judgment, the Bombay High Court at its Nagpur Bench modified the conviction of Ku. Panchashila Uttam Thorat from murder to culpable homicide not amounting to murder, under the Indian Penal Code. The Division Bench, comprising Justices Urmila Joshi Phalke and Nandesh S. Deshpande, delivered the judgment on October 17, 2025, in Criminal Appeal No. 86 of 2006, which stemmed from a Sessions Trial conducted in Washim.

The appellant, Ku. Panchashila Uttam Thorat, was initially convicted under Section 302 of the IPC and sentenced to life imprisonment for the murder of Madhao Gote. However, upon appeal, the High Court re-evaluated the circumstances surrounding the case and found that the act fell under Exception 1 of Section 300 of the IPC, which pertains to grave and sudden provocation.

The court noted that the deceased, Madhao Gote, had been prosecuted by the appellant under Section 376 for sexual assault. Evidence presented during the trial indicated that on the night of the incident, the deceased had visited the appellant's house, persistently urging her to withdraw the complaint. This encounter led to the appellant losing self-control, resulting in the deceased's death.

The High Court emphasized the role of circumstantial evidence and extra-judicial confessions in its decision. The appellant's confession to a neighbor, corroborated by circumstantial evidence such as the recovery of the deceased’s body and blood-stained articles from her house, played a crucial role in re-assessing the nature of the crime. The court also highlighted the inadmissibility of the FIR as evidence due to its confessional nature, aligning with precedents set by the Supreme Court.

In light of these findings, the court concluded that the appellant’s actions were committed under grave and sudden provocation, without the intention to murder, thus modifying the conviction to Section 304-II of the IPC. The sentence was accordingly reduced to 10 years of rigorous imprisonment, with a fine of Rs. 5,000.

The appellant is required to surrender before the Superintendent of District Prison, Washim by October 27, 2025, to serve the remainder of her sentence. The court granted her the benefit of set-off for the time already served under Section 428 of the Cr.P.C., while her bail bonds were cancelled.

Bottom Line:

Extra judicial confession of accused corroborated by circumstantial evidence including recovery of deceased's body, blood-stained articles, and weapons from her house. Act of accused covered under Exception 1 of Section 300 IPC as it was committed under grave and sudden provocation without intention to murder.

Statutory provision(s): Indian Penal Code Sections 300, 302, 304-II, 376; Indian Evidence Act Sections 25, 27; Code of Criminal Procedure Section 313, 428.

KU. Panchashila Uttam Thorat v. State of Maharashtra, (Bombay)(DB)(Nagpur Bench) : Law Finder Doc Id # 2796174