[Eye-Witness Saw Brother Stangulating Victim] - Bombay High Court Grants Bail To Mother Who "Confessed" To Killing Daughter Over An Affair

Justice Prakash Naik granted bail to Papu Waghela based on eye witness testimonies that claimed the victim's brother (co-accused) strangulated the young woman with her dupatta.

"The statement of eye witness mentions that the co-accused was found strangulating the victim, and the applicant was standing at the feet of the victim. The applicant is a lady. Considering the factual aspects, further detention of the applicant is not necessary," the court observed.

The Case

The 23-year-old victim was in love with a boy against her family's wishes. They caught her while she attempted to elope and allegedly strangulated her with her dupatta.

An FIR for was murder was registered at the Pydhonie police station in south Mumbai, after the mother- Papu Wghela- visited the police station and allegedly confessed to killing her daughter. The police also arrested Waghela's son after her son-in-law claimed that he saw him strangulating the victim.

The son-in-law said that on 17th November 2019, he had visited the applicant's house but the door was closed. When he pushed the door open, he saw the victim lying on the floor with Papu Waghela at her feet and his brother-in-law Aakash strangulating her.

The victim's second brother allegedly told the police that his brother came out of the house crying on 17^th November and confessed to killing the victim, along with their mother.

Advocate Sayyed Abbas for the Waghela, argued that the incident had occurred all of a sudden. The victim was the applicant's daughter, and eye-witnesses did not accuse the mother of strangulation.

APP A.R. Kapadnis for the police, however, argued that the mother had confessed to the murder.

The court relied on eye-witness statements, and granted Waghela bail on executing a PR bond in a sum of Rs.25,000/-, with one or more sureties in the like amount.