{"id":354134,"date":"2025-07-22T11:00:01","date_gmt":"2025-07-22T05:30:01","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=354134"},"modified":"2025-07-23T17:49:21","modified_gmt":"2025-07-23T12:19:21","slug":"bom-hc-upholds-conviction-life-sentence-of-man-who-slit-girlfriends-throat-convicted-marriage-application-withdrawal","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/07\/22\/bom-hc-upholds-conviction-life-sentence-of-man-who-slit-girlfriends-throat-convicted-marriage-application-withdrawal\/","title":{"rendered":"Bombay HC upholds conviction & life sentence of man who slit his girlfriend\u2019s throat after she withdrew their marriage application"},"content":{"rendered":"
\n

Bombay High Court:<\/span> In the present criminal appeal, the appellant-accused challenged the order passed by the Additional Sessions Judge (\u2018Trial Court\u2019) convicting him under Sections 302<\/a> and 309<\/a> of the Penal Code, 1860<\/a> (\u2018IPC\u2019) for murdering his girlfriend (\u2018victim\u2019) and sentencing him to rigorous life imprisonment. The Division Bench of Sarang V. Kotwal*<\/span> and Shyam C. Chandak, JJ., opined that since the accused was the only one present in the room along with the deceased victim and there was no one else who could have committed the offence; therefore, there was no possibility of any other hypothesis but to accept that it was only the accused who could have committed this offence. Hence, the Court dismissed the appeal.<\/p>\n

Background:<\/h3>\n

The accused and the victim were in a relationship and had given notice of their marriage. The victim\u2019s family persuaded her to withdraw the notice and promised that they would get her married to the accused after her elder sister\u2019s marriage. On 18-5-2016, at about 08:30 p.m., the couple met in a nearby school and some boys heard shouts coming from a classroom. Upon reaching there, they saw the victim lying in a pool of blood, and the accused was also lying nearby. There was a cutter at the spot, too. The boys ran outside and informed other people as well as the victim\u2019s mother. By the time the police arrived, the victim had succumbed to her injuries, and the accused was taken to the hospital.<\/p>\n

The accused alleged that the victim had withdrawn their marriage application, as her family was opposed to the marriage because he had not taken any higher education and was only a truck driver. A few days prior to the incident, the victim visited her sister\u2019s matrimonial home where she was told that they would not get her married to the accused. The accused further pleaded that on 18-5-2016, when they met in the school, she told him that she would not live without him and said that they had no other option than to commit suicide to which the accused agreed. Being under immense mental pressure the accused and the victim allegedly decided to commit suicide. The accused specifically submitted that he took the cutter from the victim’s hand and inflicted blows on his wrist and neck and became unconscious, and therefore, he did not know what happened after that.<\/p>\n

However, the prosecution stated that the accused had inflicted cuts on the victim\u2019s throat with a cutter and caused other injuries as well. The victim\u2019s mother deposed that on the day of the incident, the victim spoke to her sister on call and then she went outside the house. The mother went searching for her and when she saw a crowd near the school, she went there and saw her daughter lying in a pool of blood with her throat cut open. The accused was lying there and when the people approached to help him, he told them not to touch him and added that he had killed the victim and that he also wanted to die. She alleged that the accused was angry at the victim for withdrawing the marriage application and had threatened her that he would commit suicide and would kill her too. The victim had narrated all these facts to her mother. The elder sister and her husband also deposed on similar lines.<\/p>\n

The post-mortem report of the victim mentioned 18 injuries and the opinion as to the cause of death was \u2018hemorrhagic shock due to cut-throat injuries\u2019 and the doctor stated that the injuries were possible if inflicted by another person and they were not self-inflicted as some of them were even defence wounds. Regarding the wounds of the accused, it was opined that the injuries on his wrist could be self-inflicted.<\/p>\n

Therefore, the Trial Court held that there was no reason for an educated girl like the victim to commit suicide when she had the option of leaving the house and marrying the accused and relying upon the evidence adduced, recorded the guilt of the accused and convicted him and sentenced him to life imprisonment.<\/p>\n

Analysis and Decision:<\/h3>\n

The Court analysed the post-mortem evidence and concluded that there were nine injuries of quite some length on the victim\u2019s neck, and it was impossible that after one or two such injuries caused by the victim herself, she would be able to inflict more incised wounds on her own neck. There were also defence wounds on her palm, so the injuries were not caused pursuant to the plan to end their lives together. The Court also observed that it was quite clear that only after the accused started inflicting blows with the cutter on the victim that she shouted, thereby attracting the attention of the people nearby.<\/p>\n

The Court opined that the specific defence of the accused was not that the victim died because of his assault, rather it was that he inflicted injuries on himself and lost consciousness. Firstly, he suggested that the victim had committed suicide by inflicting those injuries on herself and secondly, he feigned ignorance about what happened after he inflicted those injuries on himself. Since only two persons could have narrated about the incident and the victim was dead, therefore under Section 106<\/a> of the Evidence Act, 1872<\/a>, the burden was on the accused to explain under what circumstances the deceased had suffered those injuries.<\/p>\n

The Court observed that the accused could not discharge the burden placed on him, and there was no other person present to commit the offence, proving that it was only the accused who could have done that. Consequently, the Court held that since the prosecution had proved its case beyond reasonable doubt, the appeal stood dismissed.<\/p>\n

[Shashikant Shantaram Tavare v. State of Maharashtra, 2025 SCC OnLine Bom 2567<\/a>, decided on 3-7-2025<\/span>]<\/p>\n

*Judgment authored by: Justice Sarang V. Kotwal<\/span><\/strong><\/p>\n

\n

Advocates who appeared in this case :<\/p>\n

For the Appellant:<\/span> Ramesh Dube Patil a\/w. Sagar Kasar, Rishabh Tiwari, Chaitali Bhogle and Iraa Dube Patil.<\/p>\n

For the Respondent:<\/span> Kranti T. Hiwrale, APP.<\/p>\n

Buy Penal Code, 1860 \u00a0 HERE<\/a><\/h3>\n

\"penal<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

“The specific defence of the accused was not that the victim died because of his assault rather it was that he inflicted injuries on himself and lost consciousness. Firstly, he suggested that the victim had committed suicide by inflicting those injuries on herself and secondly, he feigned ignorance about what happened after he inflicted those injuries on himself.”<\/p>\n","protected":false},"author":67011,"featured_media":354145,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[6431,2569,85722,71816,68044,3156,32174,30765,45239,85723,2752],"class_list":["post-354134","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-beyond-reasonable-doubt","tag-Bombay_High_Court","tag-cut-throat-injuries","tag-justice-sarang-v-kotwal","tag-justice-shyam-c-chandak","tag-murder","tag-section-106-evidence-act","tag-section-302-ipc","tag-section-309-ipc","tag-self-inflicted-injuries","tag-Suicide"],"yoast_head":"\nBom HC: Man who slit 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This clearly shows that he had prevented the children from helping their mother and saw to it that she suffered fatal burn injuries.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Bombay High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":254634,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/09\/24\/necessary-to-read-mind-of-offender-and-not-consider-offence-devoid-of-emotions\/","url_meta":{"origin":354134,"position":1},"title":"\u201cNecessary to read mind of offender and not consider offence devoid of emotions\u201d: Bom HC acquits accused of offence under S. 302 IPC rather convicts under S. 304 Part I IPC","author":"Bhumika Indulia","date":"September 24, 2021","format":false,"excerpt":"Bombay High Court: Convicting a person under Section 304 Part I of Penal Code, 1860 Division Bench of Sadhana S. 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Kotwal, JJ., held that, On finding that there was no hope that his beloved wife would return to matrimonial abode, accused got enraged an lost self-control\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":378679,"url":"https:\/\/www.scconline.com\/blog\/post\/2026\/03\/18\/bombay-hc-converts-murder-conviction-to-culpable-homicide-on-provocation\/","url_meta":{"origin":354134,"position":2},"title":"Bombay HC converts conviction from murder to culpable homicide, recognises \u201ccontinuous provocation\u201d from tobacco-addicted brother","author":"Soumya Yadav","date":"March 18, 2026","format":false,"excerpt":"\u201cThe deceased used to beat them even though they tried to persuade him to give up his addictions and improve.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"culpable homicide on provocation","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/03\/culpable-homicide-on-provocation.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/03\/culpable-homicide-on-provocation.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/03\/culpable-homicide-on-provocation.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/03\/culpable-homicide-on-provocation.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":328214,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/08\/07\/conviction-changed-section-307-to-section-308-ipc-forcibly-poisoning-wife-during-quarrel-bombay-hc-release\/","url_meta":{"origin":354134,"position":3},"title":"Read why Bombay HC changed husband\u2019s conviction u\/S. 307 to S. 308 for forcibly poisoning wife amidst a quarrel","author":"Editor","date":"August 7, 2024","format":false,"excerpt":"\u201cThere was no premeditation, no pre-planning and no design on the part of the convict, in such a case, if that act had led to the death of the victim, it would not have been murder, but only the culpable homicide, not amounting to murder\u201d.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Bombay High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":198801,"url":"https:\/\/www.scconline.com\/blog\/post\/2018\/07\/21\/rape-accused-acquitted-in-light-of-the-case-falling-in-arena-of-suspicion-and-no-evidence-bombay-hc\/","url_meta":{"origin":354134,"position":4},"title":"Rape accused acquitted in light of the case falling in arena of \u2018suspicion\u2019 and no evidence: Bombay HC","author":"Bhumika Indulia","date":"July 21, 2018","format":false,"excerpt":"Bombay High Court: A Division Bench comprising of B.R. Gavai and Sarang V. Kotwal JJ., addressed a Criminal Appeal by setting aside the order of conviction and sentence in view of considering the matter in the purview of \u2018benefit of doubt\u2019. In the present matter, the Appellant was convicted under\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":201890,"url":"https:\/\/www.scconline.com\/blog\/post\/2018\/09\/18\/part-of-hostile-witness-testimony-found-trustworthy-can-be-taken-into-consideration-man-convicted-for-sons-murder-on-wifes-hostile-testimony\/","url_meta":{"origin":354134,"position":5},"title":"Part of hostile witness\u2019 testimony found trustworthy can be taken into consideration; man convicted for son\u2019s murder on wife’s hostile testimony","author":"Bhumika Indulia","date":"September 18, 2018","format":false,"excerpt":"Bombay High Court: A Division Bench comprising of B.R. Gavai and Sarang V. Kotwal, JJ. dismissed an appeal filed against the judgment of the trial court whereby the appellant was convicted for the offence punishable under Section 302 IPC. The appellant was convicted for the murder of his son. On\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/354134","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=354134"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/354134\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/354145"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=354134"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=354134"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=354134"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}