Mumbai: The Bombay High Court on Tuesday confirmed the death sentence of Sunil Kuchkoravi for murdering and eviscerating his mother in an inebriated state with cannibalistic intention in Kolhapur in 2017, observing there is “absolutely no chance of reformation or rehabilitation” of the convict.
The court also noted that Kuchkoravi’s conduct was akin to “pathological cannibalism” and hence could be a potential threat to inmates in case his sentence was reduced to life in prison, till death.
About The Case
The HC was hearing a confirmation plea filed by the State government seeking confirmation of his death sentence. The sessions court in Kolhapur had sentenced Kuchkoravi to death in 2021. On August 28, 2017, at around 2pm, Kuchkoravi murdered his 63-year-old mother, Yallama Rama Kuchkoravi, at Makadwala Vasahat in Kolhapur city. He later desecrated the body and ate some organs after frying them in a pan. Kuchkoravi had not filed an appeal challenging his death sentence.
The court noted that it was a most “brutal, barbaric and gruesome murder” of a 60 years old mother by her son who used to provide him meals twice a day since his wife and children abandoned him. His family left him as he would quarrel and beat his wife for money to buy liquor. He used to quarrel with his mother, who used to survive on her late’s husband’s pension of Rs 4,000 per month.
“The circumstances further indicate pathological cannibalism of the convict. Pathological cannibalism is rooted in some form of psychopathology i.e. at the core of the person’s motivation such as, someone who is actually psychotic or committing the act of cannibalism to act out paraphilia…. The act of the convict was quite close to cannibalism,” a bench of Justices Revati Mohite-Dere and Prithviraj Chavan said.
The prosecution showed that Kuchkoravi had used three different types of weapon for brutally murdering his mother. This reflects that he had “preplanned and premeditated a design in his mind as to how he would dissect the body” after killing her, the court said. “The brutality and cruelty with which the convict had dealt with the body of his mother is evident from the fact that he had even cut the genital organ of his mother, which is one of the causes associated with her death. Torture and pain with which the deceased must have suffered is unimaginable and unfathomable,” the court underlined.
Report Highlighted By The Defence Counsel
Defence counsel Yug Chaudhry highlighted the report by the Probationary Officer of Kolhapur which stated that Kuchkoravi used to consume the flesh of cats and pigs, hence, he could have committed the murder.
Terming the argument as “quite shocking”, the bench noted that this amounts to admission that Kuchkoravi has “in fact a tendency of cannibalism”. “To release such a person would amount to giving him a free ride and freedom to commit similar offence qua the members of the society. There is no question of considering it as a mitigating circumstance and showing any leniency to the convict. Rather, it is the most aggravating circumstance,” the bench emphasised.
The court also remarked that the “extreme brutality, cruelty and barbarism” with which he murdered his mother, and his cannibalistic tendencies could endanger lives of other inmates in case his death sentence was reduced to life in prison. “... he could be a potential threat and danger to the inmates in the jail, in case, sentence of life imprisonment is awarded. A person who could commit such a heinous crime by killing his mother, can do so with anyone else, including his own family. His social integration, therefore, is unquestionably foreclosed,” it highlighted.
Court On Showing Mercy
Urging the court to show mercy and leniency towards Kuchkoravi, Chaudhry argued that he had a family, wife and four children to look after. The court, however, noted that his family had left him because of his conduct.
“Under the circumstances, showing mercy or leniency to such a person, would be misplacing the concept of mercy. That apart, showing leniency would be a mockery on the criminal justice system,” the judges remarked.
Emphasising that he was not at all “fit for any kind of reformatory and rehabilitation scheme”, the bench said: “Life imprisonment would be completely futile as the sentencing aim of reformation is completely unachievable.”
The judges also took into account their interaction with Kuchkoravi through Video Conferencing, wherein he did not show “any remorse, penitence or repentance on his face”. “Normally, a deep regret should have come from him by a deep sense of guilt. He just feigned innocence contending that he does not remember anything,” the judges said while confirming his death sentence.
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