The Supreme Court on Wednesday commuted the death penalty of Eknath Kisan Kumbharkar, who was convicted for murdering his pregnant daughter, Pramila, after she married against her family’s wishes. A bench comprising Justices B.R. Gavai, Aravind Kumar, and K.V. Viswanathan upheld Kumbharkar’s conviction but reduced his sentence to 20 years of rigorous imprisonment.
The court stated, “The order of conviction recorded by the trial court and confirmed by the Bombay High Court is affirmed.” However, it converted the death penalty, previously imposed under Section 302, to 20 years of rigorous imprisonment without remission.
The incident occurred on June 28, 2013, when Kumbharkar killed Pramila for marrying a man from a different caste. The Supreme Court clarified that he would not be eligible for remission until he serves the full 20 years.
The justices noted that this case does not fall under the “rarest of rare” category warranting the death penalty, instead categorizing it as a situation suitable for rehabilitation. The bench observed that Kumbharkar comes from a poor, nomadic community in Maharashtra, had an alcoholic father, and experienced parental neglect.
The court highlighted that neither Kumbharkar nor his family had any prior criminal history, suggesting that he is not a hardened criminal incapable of reformation. They also took into account his medical issues, including speech problems and past surgeries, as well as his satisfactory behavior in prison over the last six years.
The justices emphasized that a death sentence should not be imposed solely based on the severity of the crime but should also consider the potential for reformation. The court concluded that while Kumbharkar’s actions were grievous, it was inappropriate to uphold the death sentence given the mitigating circumstances surrounding his case.
