years and his conduct and behaviour is satisfactory with other inmates and
prison staff. Same is the report of the probation officers dated 28/06/2023
and they further state that appellant is not involved in any criminal activity
in jail for the past 6 years and his behaviour with jail staff and inmates is
satisfactory.
28.
As per the Mitigation Investigation Report forwarded by Ms. Neha
Kangralkar dated 25/04/2023 titled ‘Mitigation Investigation Report for
Eknath Kisan Kumbharkar’, the following mitigation circumstances are
identified.
i.Time spent in prison: Appellant has spent about 11
years behind bars.
ii.Absence of criminal antecedents
iii.Socio-economic background: Appellant comes from a
poor nomadic community in Maharashtra. He had an
alcoholic father, and was forced to start working since
the age of 5 to support his family, doing odd jobs such
as cattle rearing and selling milk. After his marriage, he
tried different jobs including driving an auto.
iv.Adverse childhood experiences: Appellant suffered
from parental neglect due to poverty and it was
primarily his elder sisters who brought him up. He grew
up witnessing his alcoholic father’s physical and verbal
abuse, and dropped out of school when he was 10 years
old and had to enter the workforce at an early age.
v.Efforts to bring family out of poverty: Appellant
made constant efforts to bring his family out of poverty,
including by borrowing money to buy autos to earn
more. However, due to his poverty and debt, he was
unable to keep the autos.
vi.Mental and emotional disturbance: Appellant was
under immense pressure from his community due to the
inter-caste marriage of the deceased as well as prior
ostracization from their community due to a family
19
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