NDLI: Darshan Singh Vs. State of Punjab

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Conviction based on extra judicial confession IPC Murder s.302
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860: s.302 – Murder – Conviction based on extra judicial confession – A dead body was found in a jute bag in the field of informant – Body was decomposed and was identified on the basis of clothes as the face was disfigured – Deceased was mother of accused-AS – Accused-SK was wife and accused-JS was son of accused-AS – Accused-DS was servant in their house – Prosecution case was that deceased had inherited 5 bigha of land of her deceased son – Accused were not happy with this inheritance – Out of this land, deceased had sold 1 bigha and given the remaining 4 bighas on lease to accused-AS @ Rs.4000 per bigha – However accused-AS was not paying the lease amount to her – Panchayats were also convened over this dispute – PW- 16 was witness of extra-judicial confession – Trial court acquitted accused-AS but convicted the other three accused on the basis of evidence of PW-16 and investigating officer – High Court upheld conviction – On appeal, held: Appellants were not found in the village soon after the occurrence as deposed by PW-13, the son- in-law of the deceased and the investigating officer – They also did not attend the cremation or the prayer ceremony which was held after one week – The conduct of the accused of not being available in the village was a strong circumstance – As per postmortem report, the Dupatta around the neck of the deceased had two turns which is unusual for a woman, more so, for a woman of the age of deceased – The argument that no ligature mark was found on the deceased is of no relevance as the body was infected with maggots and the ligature mark on the soft tissue would not have survived – Furthermore, the bottle of acid was recovered on the basis of disclosure made by accused-SK – The photographs of body showed disfigurement of face which was caused by pouring of acid with intention to avoid identification – Accused- DS was convicted on the basis of extra-judicial confession made before PW-16 that he had given a chair blow on the flank of the deceased – The postmortem report showed fracture of Hyoid bone, an irregular wound over the left breast and fracture of ribs – Further, accused-DS had also disclosed that he had kept concealed a folding iron chair in house of accused-AS, the said chair was recovered – Prosecution proved the chain of circumstances to hold the appellants guilty of the offences charged.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 1327
Petitioner	Darshan Singh
Respondent	State Of Punjab
SCR	[2019] 14 S.C.R. 742
Judgement Date	2019-12-06
Case Number	1688

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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