NDLI: Ishwari Lal Yadav & Anr. Vs. State of Chhattisgarh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	IPC Confession made to police Gruesome murder human sacrifice
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.364/34 r/w. s.120B, ss.302/34 r/w. s.120B and s.201 – Gruesome murder – Prosecution case was that on 4.3.2010 a missing report was lodged by PW-2 about missing of his six year old daughter – Eights months later, another child (boy) was found missing from his house and his parents started searching for him – They noticed loud music being played in the house of appellants – When they entered the house, they found freshly dug mound of earth – Appellants who were claiming to be “tantriks” admitted that they killed the boy and buried him to attain “siddhi” – During investigation, A-4 made a statement to the police that few months back, he had kidnapped one small girl on the asking of A-1 and A-2 – The said girl was killed by way of human sacrifice and her body was buried in the compound of the appellants – Recovery of skeletal remains along with her cloths was made – Conviction of appellants and death sentence – High Court affirmed conviction however modified death sentence to life imprisonment – On appeal, held: Medical evidence substantiated the case of prosecution – In addition, parents of the deceased identified the cloths, which the deceased child was wearing on the date of missing – They also found the cloth pieces, attached to skeletal remains – The colour of cloth pieces tallied with the description in the missing report lodged by PW-2 earlier on 4.3.2010 – It was also proved that the body of boy was found in the house of appellant-A-1 – By applying s.106 of the Evidence Act, the onus was on the accused to explain the fact within their knowledge as to how the body of boy came to be buried in their house – Apart from the recoveries, there was a strong and consistent evidence of independent witnesses to prove the guilt of the accused – It was also proved that the house belonged to the appellants where skeletal remains were removed – As such it was clearly proved beyond any reasonable doubt that the appellants were responsible for the offence alleged against them – Further, as there was no acceptable evidence on record except the alleged confession to prove the offence under ss.364/34 r/w 120B, the appellants are acquitted of said offences – At the same time, by burying the dead body of the deceased caused disappearance of evidence of offence, appellants are rightly convicted for offence under s.201 – Considering the gruesome nature of murder the sentence imposed by the High Court is confirmed. Evidence: Confession made to police – The confessional statements made to the police cannot be the basis to prove the guilt of the appellants but at the same time there is no reason to discard the confessions made to the independent witnesses at the time when boy’s body was found, prior to the arrival of police – Extra judicial confession, is a weak piece of evidence but at the same time if the same is corroborated by other evidences on record, such confession can be taken into consideration to prove the guilt of the accused – Penal Code, 1860.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 1115
Petitioner	Ishwari Lal Yadav & Anr.
Respondent	State Of Chhattisgarh
SCR	[2019] 13 S.C.R. 912
Judgement Date	2019-10-03
Case Number	1522

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