Dagdu vs. State of Maharashtra on 19 April, 1977

Population 15 thousand had the hamlet of Manwat which is situated in District Parbhani, Maharashtra.  Rukhmini was 32 years of age and she is Pardhi by caste. She was in the keeping of Uttamrao Barshate who is non pardhi and was at one time the President of the Manwat Municipality. Uttamrao Barshate purchased a house for Rukhmini in which the two lived together. It is this house was a Pimpal tree believed to be the emblem of Preserver of the God Vishnu.Pimpal is also believed that an unmarried Brahmin boy is supposed to be the spirit of hunt Munjaba.    

The Man want village folk believe that treasure troves are false buried in. Rukhmini though in her 32, had entered a period of premature menopause. She was feeling fear and uncertainty to get a child which could only happen supposing that her menstrual cycle was restored. She used to consult quacks as well as mantriks who she believed could help her get a child. Uttamrao Barshate's mother was credited with a sixth sense in the matter of discovering treasure troves. She had oracled that a treasure trove lay buried in Rukhmini's house under neath the Pimpal tree. The stage was thus set for the visits of mountebanks to the house of Rukhmini for the display of their supernatural that virgins should be offered as sacrifice to munjaba who know as the God as well as blood from the private parts be sprinkled on the food offered by the God. One of such quacks was Ganpat Salve. Accepting Ganpat's advice, Rukhmini, Uttamrao Barshate, Shankar Gyanoba Kate Sopan and himself conspired to commit the murders of virgin girls. Ganpat joined the conspiracy and in pursuance of the conspiracy ten murders were performed a crime in November.

The first four murders are Gayabai, a girl of 11 was murdered Shakila, Sugandhabai, a woman of 35 was murdered 3 and Nasima a girl of was murdered. The blood from the private parts of these victims was offered to Munjaba and yet there was no clue as to the valuable things trove lay. Gayabai, Shakila and Sugandhabai had died in vain and there Nasima, the fourth victim, was beheaded so that the severed head could be offered. The next two murders are alleged to have been committed by the accused Kalavati, a woman of 30, was murdered and Halires, a girl. Sopan has been declared to be not guilty as well as the order of acquittal has become final of Parvatibai, aged about 35 year was murdered. The three last murders are alleged to have been performed a crime by Haribai, aged 35, was going along with her daughter Taravati aged 9 daughter, Kamal, aged a year and half. All of them were murdered.

Rukhmini is the mistress of Uttamrao and whereas the former was feeling fear and uncertainty to get a child, they both were feeling fear and certainty and to discover the treasure trove false buried in their house. The charge against them is that for the purpose of achieving these objects they consulted quacks who suggested that the Munjaba who is known as God should be propitiated by giving the bliood of virgin girls.

Section 24 of the Evidence Act makes a confessional statement irrelevant in a criminal proceeding if the making there of appears to have been caused by any inducement, threat or promise, having reference to the charge against the accused, proceeding from a person in authority and sufficient to give the accused grounds which would appear to him reasonable for supposing that by making the confession he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.  Section 163 of the Criminal Procedure Code bars a Police Officer or any person in authority from offering or causing to be offered any inducement, threat or promise as is referred to in Section 24 of the Indian Evidence Act.

The Sessions Court, Parbhani held that the Rukhmini and Uttamrao were convicted under Section 302 read with Section 120-B and Section 109 of the Penal Code. The Court was sentenced to life imprisonment. All accused who were convicted by the Trial Court filed an appeal challenging the order of conviction and sentence. The Sessions Court made a reference to the High Court for confirmation of the death sentence imposed on Rukhmini Uttamrao's mother and Uttamrao. It also filed an appeal under Section 377 of the Criminal Procedure Code, 1973 asking that the sentence of life imprisonment imposed on enhanced to death.

The High court declared not to be guilty. Rukhmini and Uttamrao holding friar the offence of conspiracy which formed the gravamen of the charge against them was not proved. The High Court increased sentence to death under Section 302 read with 34, with its finding on the charge of conspiracy it set aside their conviction and sentence under Section 302 read with Section 120B. The order of the High Court declaring to be not guilty to Rukhmini and Uttamrao secondly the order of conviction of Sopan under Section 302 read with Section 34.

The Supreme Court held that the punishment to the Rukhmini and Uttam under Section 302 of Indian Penal Code. All accused has given life imprisonment.