Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | clothes of deceased on the side of the skeleton and post card bearing name and address of the deceased found - Afotive was alleged that accused was demanding back the loan given to deceased human skeleton Penal Code 1860 - s. 302 - Prosecution for murder - Circumstantial evidence -Accused and deceased last seen together -Accused making extra-judicial confession to wife of the deceased c - No FIR or missing persons report lodged - Five days after the alleged incident |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s. 302 - Prosecution for murder - Circumstantial evidence - Accused and deceased last seen together - Accused making extra-judicial confession to wife of the deceased - No FIR or missing persons report lodged - Five days after the alleged incident, human skeleton, clothes of deceased on the side of the skeleton and post card bearing name and address of the deceased, found - Motive was alleged that accused was demanding back the loan given to deceased - Recovery of knife at the behest of the accused -- Conviction by courts below on the basis of motive and the circumstances of the case - On appeal, held: Conviction not justified - Conviction cannot be based solely on the motive - Death of the deceased not proved in the facts of the case - Circumstances of last seen together becomes relevant only when the death is proved - Recovery of knife u/s 27 of Evidence Act is not admissible - It has no nexus with the cause of death since the prosecution case was that death was caused by hard blunt object - Identification of the deceased not established - Extra-judicial confession not worth reliance - Evidence Act, 1872 - Medical Jurisprudence. Appellant-accused alongwith another accused was prosecuted for having killed his brother-in-law. Prosecution case was that the appellant was demanding back the loan given to the deceased. The deceased was expecting some amount towards compensation from the State. The deceased, along with the appellant and PW 6 (another lender), left for collecting the amount of compensation. They were seen together by PW5. Deceased did not return back home. Two days thereafter, appellant informed the wife of the deceased (PW 3) that he had killed her husband. Neither an FIR was lodged nor a 'missing of person' report was given. Five days after the day, the deceased and the appellant were seen together, PW1 informed the police that he had seen a human skeleton in his brother's land. Investigating Officer found a human skeleton, some clothes and a post card. He also found a big stone having some blood stains. Post card bore the name and address of the deceased. After post mortem report, FIR was lodged. Appellant and the co-accused were arrested. A knife was recovered at the behest of the appellant. Trial Court convicted the appellant, relying on the circumstances viz. (1) motive, (2) last seen together with the deceased, (3) extra judicial confession made to PW 3, (4) discovery of bloodstained clothes from the house of the accused, and (5) discovery of knife. However, the co-accused was acquitted. High Court confirmed the conviction. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1267 |
Petitioner | Keshav |
Respondent | State Of Maharashtra |
SCR | [2007] 13 S.C.R. 264 |
Judgement Date | 2007-12-12 |
Case Number | 620 |
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