NDLI: Vinayak Shivajirao Pol Vs. The State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Indian Penal Code 1860: Sec. 302
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Indian Penal Code, 1860-Sec., 302-Murder of wife-Extra Judicial Confession-Highly decomposed headless body recovered from well-Post Mortem report-Death due to haemorrhage-Confession that murder was committed by strangulation-Head of deceased recovered at the instance of appellant-Trial Court acquitting on the ground that Prosecution evidence ran counter to confessional statement-High Court convicting placing reliance on Statement of Confession-On appeal, held no ambiguity in the Extra Judicial Confession-No reliance can be placed on Post Mortem report-Hence High, Court justified in holding the appellant guilty of Murder-However, since it is not a rarest of rare case death sentence reduced to life imprisonment. The appellant was convicted for an offence under Sec. 302 Indian Penal Code, 1860 and sentenced to death. The appellant was a Sepoy in the Army. His wife, the deceased was not keeping well and the appellant had left her with his parents. Appellant was absent from duty for two days without intimation and gave an explanation to the authorities that he had gone to his sister's house. In the meanwhile the father of the deceased went to his daughter as he got a letter from her to come immediately. The deceased was not available and the parents of the appellant could not give any satisfactory explanation. After three days a headless body was found in a well in a highly decomposed state. The body was cremated without identification. The appellant made a confessional statement before his superior officers that he had killed his wife. The matter was informed to the police. The appellant and his friend, a co-accused were arrested. The police with the help of the appellant recovered the head of deceased from another well in the same village. Charges were framed against the appellant and his friend. The Post Mortem report stated that the death . occurred due to haemorrhage by cutting off the head. However, in the "confession statement the appellant has admitted that he killed his wife by strangling. The Trial Court acquitted the appellant on the ground that the evidence led by the prosecution ran counter to the extra judicial confession. On appeal, the High Court relying upon the Statement of Confession and the recovery of head at the instance of the appellant, convicted him for an offence under Sec. 302 IPC and sentenced him to death. Hence, the present appeal.The contention of the appellant was that the Medical evidence were contrary to the statement of confession made and in the face of such contradictions the High Court ought not to have relied on the extra judicial confession.
Judge	Hon'ble Mr. Justice M. Srinivasan
Neutral Citation	1998 INSC 38
Petitioner	Vinayak Shivajirao Pol
Respondent	The State Of Maharashtra
SCR	[1998] 1 S.C.R. 309
Judgement Date	1998-01-22
Case Number	595

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