LexNILESH BABURAO GITTE versus STATE OF MAHARASHTRA
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[2025] 11 S.C.R. 37 : 2025 INSC 1191 Nilesh Baburao Gitte v. State of Maharashtra (Criminal Appeal No. 1471 of 2013) 07 October 2025 [K.V. Viswanathan* and K. Vinod Chandran, JJ.] Issue for Consideration Appellant was convicted for matricide-killing of one’s own mother. By the present appeal, the appellant calls in question the correctness of the judgment of the High Court. Headnotes† Penal Code, 1860 – s.302 – Matricide-killing of one’s own mother – Prosecution case that Police received an unknown call informing that there was a doubtful death – Police reached the spot – Last rites of the dead body was hurriedly carried out – The body was inspected and it was found that there was strangulation mark on the neck and injury on the backside of skull with blood oozing – Body was removed from the pyre and inquest was carried out – Chargesheet was filed against two persons: appellant and one B – Trial Court convicted both the accused – However, the High Court acquitted B and conviction of appellant was maintained – Correctness: Held: The evidence of PW-8-Deputy Superintendent of Police reveals that she received a call from an unknown person, however, no efforts were made to track down the said person to elicit more details – No leads from the crowd, who gathered there, were picked out and nobody was examined in Court – There is no evidence to show that the present appellant was present at the site of the first attempted cremation, or any of the relatives of the deceased – The doctor-PW-6 opined that the cause of death was asphyxia by strangulation – There was no ligature mark from the back side of the neck – During cross-examination, the doctor clearly deposed that the absence of ligature mark on the back side of neck is possible in case of hanging – He further deposed that in case of strangulation; the ligature mark should be present all around the neck – He further deposed that that the imprint injury of the * Author 38 [2025] 11 S.C.R. Supreme Court Reports nylon rope is possible in case of hanging as there were weight and force of body – A document also reveals that deceased was treated for relapsed schizophrenia – Based on the deposition of Dr. PW-6 examined by the prosecution, a serious doubt arises as to whether at all the deceased died a homicidal death – There is no definite medical opinion and in view of the considerable ambiguity in the evidence of PW-6, death by suicide, cannot be said to be completely ruled out – Besides that, on same evidence, the High Court has acquitted B – Also, there is nothing on record to show that appellant resided with deceased – PW-9-Investigating Officer stated that appellant was residing in the house of M on rental basis – Further, the evidence of PW-2 is also contradictory to the evidence of PW-9 insofar as the travel to the place of recovery is concerned – All this present a very unsatisfactory state of affairs – As far as angle of property is concerned, it has come on record that the appellant has his father as well as two sisters who are alive – It is not as if that the property would, on the death of the deceased, immediately devolve on the appellant in the event of the alleged murder by him going undetected – The courts below have fallen into a serious error in convicting the appellant on the basis of the evidence on record – For the reasons stated above, appellant is acquitted of all charges framed against him. [Paras 28, 29, 31-34, 38, 40, 49, 53, 56, 57] Case Law Cited Sharad Birdhichand Sarda v. State of Maharashtra [1985] 1 SCR 88 : (1984) 4 SCC 116; Trimukh Maroti Kirkan v. State of Maharashtra [2006] Supp. 7 SCR 156 : (2006) 10 SCC 681 – relied on. Ramaiah alias Rama v. State of Karnataka [2014] 7 SCR 995 : (2014) 9 SCC 365; Shambu Nath Mehra v. The State of Ajmer [1956] 1 SCR 199; Hanumant v. State of Madhya Pradesh [1952] 1 SCR 1091 : (1952) 2 SCC 71 – referred to. Books and Periodicals Cited Modi’s Medical Jurisprudence and Toxicology (Twenty Third Edition) – referred to. List of Acts Penal Code, 1860; Evidence Act, 1872; Code of Criminal Procedure, 1973; Bharatiya Sakshya Adhiniyam, 2023. [2025] 11 S.C.R. 39 Nilesh Baburao Gitte v. State of Maharashtra List of Keywords Matricide-killing of one’s own mother; Strangulation marks on neck; Injury on back side of skull; Motive; Discovery u/s.27 of Evidence Act; Recovery of nylon rope; Circumstantial evidence; Asphyxia due to strangulation; Ligature mark; S
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