Eknath Kisan’s Daughter, Pramila was in inter-caste marriage. Learned Counsel for State of Maharashtra, Mr. Siddharth Dharmadhikari would contend, Courts have rightly awarded Death Sentence. Learned Senior Counsel, Dr. Aditya Sondhi has vehemently prayed, Eknath Kisan be acquitted. In alternative, it is prayed, Courts have failed to consider mitigating circumstances in proper perspective.

Eknath Kisan’s guilt is beyond reasonable doubt. Manoj Suryavanshi v. State of Chhattisgarh, (2020) 4 SCC 451 observed, corroboration of evidence with mathematical niceties cannot be expected in criminal cases.   

As per Prison Conduct Report, behaviour is satisfactory. As per Psychiatric Assessment Report, Eknath Kisan has speech issues and significant cognitive impairment due to a stroke. As per Cardiological Evaluation Report, Eknath Kisan had an angioplasty. He has persistent speech deficit, which will continue and require continuous medical management.

We have scrutinized and find, present case would not fall in ‘rarest of rare’. It cannot be presumed, Eknath Kisan cannot be reformed.

20 Years Rigorous Imprisonment; No Remission.

– Hon’ble Justice Aravind Kumar, Eknath Kisan Kumbharkar v. State of Maharashtra, [Special Leave Petition (Criminal) No. 251 of 2020].

_____

A million-dollar question would arise. If Madhusudhan Kulkarni (PW-12) was conscious and oriented at time of admission in hospital, then why was his statement not immediately recorded? If testimony of Madhusudhan Kulkarni (PW-12) is discarded, case would become one of circumstantial evidence. Vishwajeet is directed to be set at liberty if not required in any other case.

– Hon’ble Justice B.R. Gavai, Vishwajeet Kerba Masalkar v. State of Maharashtra, [Criminal Appeal No. 213 of 2020] decided on 17.10.2024.

_____

Raj Kumar v. State (NCT of Delhi), 2023 SCC OnLine SC 609 summarised law laid down by this Court from time to time on Section 313, CrPC. Court based its decision on several decisions, including Shivaji Sahabrao Bobade v. State of Maharashtra, (1973) 2 SCC 793. We are surprised to note, both Trial Court and High Court have overlooked non-compliance with requirements of Section 313, CrPC. Shockingly, Trial Court imposed Death Penalty.

– Hon’ble Justice Abhay S. Oka, Ashok v. State of Uttar Pradesh, [Criminal Appeal No. 771 of 2024] decided on 02.12.2024.