Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 : Sections 302/34 Indian Evidence Act Criminal Procedure Code 1872 : Section 5 Indian Penal Code 1973: Section 354(3) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code, 1860 : Sections 302/34-Murder of wife and children-Circumstantial evidence-Body exhumed from inner room of Dhaba-Not accessible to outsiders-Trial Court convicted the appellants and sentenced them to death-Conviction upheld by High Court and sentence confirmed-On appeal, Held, circumstantial evidence is consistent with the guilt of the accused as all the links of chain of circumstances are unbroken and complete-Conviction justified.Indian Evidence Act, 1872 : Section 5-Murder-Conviction based on circumstantial evidence-Validity of.Criminal Procedure Code, 1973: Section 354(3)-Death sentence-No evidence to show how the .murder has taken place-Held, special reasons to be recorded by Court for offence punishable with death sentence-Life sentence is the rule and death sentence an exception-Not rarest of rare case-Sentence for imprisonment of life imposed-Section 302134 of Indian Penal Code, 1860. The appellants were charged and convicted for an offence under s.302/ 34 Indian Penal Code, 1860 and sentenced to death. The prosecution case was that the accused appellant No. I was living with his deceased wife 'M', deceased daughter of 'M' from her former husband and deceased son in a Dhaba. Appellant No. 2, the co-accused was a friend of accused appellant No. I. PW-9, brother of deceased 'M' lodged a report in the police station that his sister and her children had disappeared since Two and half months and that he suspected that the accused appellant No. I had either killed or sold them. The prosecution machinery was set in motion and the police exhumed the dead bodies by digging the earth in the inner room of the Dhaba. There was no eye witness and the prosecution case was based only on the circumstantial evidence that (i) the inner room of the Dhaba where bodies were buried was locked and its key was found with the appellant No. 1; (ii) the room in the Dhaba was accessible only to appellants and no outsider would have access to it; (iii) the injuries caused to the deceased were by sharp object like Basula which was found kept under the bench in the inner room of Dhaba; (iv) the accused has not shown any interest to find out the whereabouts of the deceased and continued to run the Dhaba. The Trial Court relying on the circumstantial evidence convicted the appellants for the offence and sentenced them to death. The High Court upheld the judgment of the Trial Court and confirmed the death sentence awarded to the appellants. Hence the present appeal. The contention of the appellants was that the chain of circumstantial evidence was not complete as to convict them and therefore their conviction deserved to be set aside. |
Judge | Honble Mr. Justice V.N. Khare |
Neutral Citation | 1998 INSC 58 |
Petitioner | Sheikh Abdul Hamid And Another |
Respondent | State Of Madhypradesh |
SCR | [1998] 1 S.C.R. 546 |
Judgement Date | 1998-02-04 |
Case Number | 1190 |
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