Kolhapur Court awards death sentence to man for murdering his mother, eviscerating her body parts with intention to eat

In a rarest of rare case which shook the social conscience of the society, a Court in Kolhapur, Maharashtra sentenced a 35-yr old man to death sentence for brutally murdering his mother, eviscerating her body organs with an intention to eat them (State of Maharashtra v. Sunil Rama Kuchkoravi)..Additional Sessions Judge of Kolhapur Mahesh Krishnaji Jadhav sentenced the accused, Sunil Rama Kuchkoravi to be hanged by the neck till he is dead for offence of murder subject to confirmation by the High Court. .The Court awarded death sentence to Kuchkoravi in light of the following aggravating circumstances:.The facts associated with the case of the prosecution pertaining to the accused portrayed the "anti-social" nature of the crime and the incident shook the "collective conscience of the society". "The killing of own mother is the context not only out of a religion, culture, custom and common practices. Therefore, it is but natural that news of killing of mother by her own son triggers the extreme anguish and pain in the society. The pain, anger and anguish of society converts into the grief and agony when it is associated with the brutality," the judge said. In the present case, the Court observed, not only was there a murder, but it was associated with "extreme brutality and shamelessness"..The Judge also observed that from the conduct of the accused post the act, there was no repentance or remorse and the accused had also "intended to eat the heart and rib of his own mother" which could not happen due to the child's intervention. .From the condition in which the body was recovered for autopsy, the Court noted that the pre-planned act was committed in a diabolical manner. "The pain which she had experienced cannot be explained in the words. He has committed the offence in order to satisfy his lust of liquor. He forcibly eliminated life of his helpless mother, which is the ultimate insult of motherhood," the judge said in his order. ."The genital injuries and the neck and other multiple injuries are the cause of death associated with preparation to eat heart and rib of own mother which proves the barbaric act of the accused while committing murder," the Court observed while holding that the case was "rarest of rare" that required to be awarded death sentence. .In August 2017, a child from their neighbourhood noticed Kuchkoravi standing near his mother's dead body covered in blood stains. Due to her hue and cry, people in the vicinity called the police after noticing the dead body. .Police Inspector Bhausaheb Malgunde who reached the spot for prima facie inspection saw the body lying in a pool of blood with organs eviscerated outside. In order to rescue the accused from the angry mob gathered outside the house, he was taken to the police before even a complaint could be registered, which was eventually registered by Kuchkoravi's brother. .The Sessions judge noted from the autopsy report that the injuries were not self-inflicted and was the cause of the mother's homicidal death..The judge also noted that there were no eye-witnesses, so the prosecution case was based on circumstantial evidence. Some of the evidence that aided the prosecution case was as follows:The fact that Kuchkoravi and his mother were last seen together prior to her death and that she was in his exclusive custody;Death was homicidal and Kuchkoravi was found quarrelling before the incident. Weapon used in commission of crime was recovered from the spot where only the Kuchkoravi was present;Blood stains on Kuchkoravi's clothes matched his mother's blood..Kuchkoravi's counsel Advocate VD Lambhore took the defence of intoxication stating that the accused was an alcohol addict and his medical certificate was missing, hence he was entitled to get the benefit of doubt. However, the judge noted that the accused failed to establish his defence that he was intoxicated at the time of the incident or was administered alcohol by someone without his knowledge. .Lambhore also took the defence of insanity. However, noting Kuchkoravi's conduct preceding, during and following the crime, the Court concluded that the accused could not be granted the general exception of insanity..The Court also examined mitigating factors including the fact that Kuchkoravi had no antecedents and there was no material to show that alternate punishment will not meet ends of justice or reform him.However, the Court concluded that "if the balance sheet is drawn of mitigating and aggravating factors and maximum weightage is given to the only mitigating factors even then the aggravating factors far outweigh the balance". .From the evidence and witness testimonies, the Judge concluded that Kuchkoravi had committed cold blooded, brutal murder of his mother causing her death and and proceeded to award the death sentence..[Read judgment]