“The only conclusion… is that the appellant and none else dropped his children in the well with an intention to kill them.” – Bombay High Court
In a tragic case that underscores the devastating consequences of domestic discord, the Bombay High Court at Aurangabad has upheld the life sentence awarded to Santosh Kacharu Walunje, convicted of murdering his two minor sons by throwing them into a well in 2018.
A Division Bench comprising Justices RG Avachat and Neeraj Dhote dismissed Walunje’s appeal against the conviction and sentence handed down by the trial court, finding the chain of circumstantial evidence “complete and credible.”
The incident occurred on December 28, 2018, after Walunje allegedly left his home in Nanded district’s Savarkhed village with his two young children following a quarrel with his wife. The next day, their bodies were discovered in a nearby well by a local farmer, who then reported the matter to the police. The children’s post mortem reports confirmed death by drowning.
The Court took particular note of the father’s failure to explain what happened to the children. “Since the children were too small, it is for him to explain what he did with them or when he parted their company. The appellant offered no explanation in that regard,” the bench observed. “The only conclusion, therefore, that could be drawn is that the appellant and none else dropped his children in the well with an intention to kill them or knowing fully well the consequence thereof would be death of his children.”
Walunje’s defense argued that the case relied solely on circumstantial evidence, suggesting the children may have accidentally fallen into the well, which lacked a protective parapet. They also raised concerns about delays in recording witness statements and the absence of a test identification parade, asserting that several prosecution witnesses were unfamiliar with the accused.
The Court, however, dismissed these arguments, stating, “It is reiterated that his wife has no reason to testify against her husband at the cost of her marital future. As such, the fact that the appellant after quarreling with his wife left with his two children, gets proved.”
Witness testimonies placed Walunje with the children at various locations, including relatives’ homes, before their bodies were found. The Court concluded that the circumstances unerringly pointed to the guilt of the father.
Finding no merit in the appeal, the High Court affirmed the trial court’s ruling and upheld the life sentence.
Case: Santosh Kacharu Walunje vs State of Maharashtra – Available on LAWFYI.IO
