Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Honour killing |
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 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.304 - Honour killing of daughter- Girl having incestuous relationship with her father's cousin - Appellant-father annoyed with:such conduct of his daughter - Daughter found dead in appellant's house where she had come to stay- Death caused by strangulation - Courts below convicted the appellant on the basis of circumstantial evidence - On appeal, held: All circumstances pointed guilt towards the appellant - Prosecution was able to prove its case beyond reasonable doubt by establishing all links in the chain of circumstances - Appellant had motive and opportunity to kill his daughter since he was unhappy with conduct of his daughter and felt that she had dishonoured the family reputation - Police was not informed about the unnatural death of appellant's daughter - Statement of appellant's mother that appellant confessed before her that he murdered his daughter, but said statement denied before court - The statement of the appellant's mother to the police can be taken into consideration in view of the proviso to s.162(1), Cr.PC, and her subsequent denial in court is not believable because she obviously had afterthoughts and wanted to save her son (the accused) from punishment - Moreso, Statement of appellant to SDM led to recovery of crime weapon -Conviction upheld . .Evidence.ยท Circumstantial evidence - Held: A person can be convicted on circumstantial evidence provided the links in the chain of circumstances connects the accused with the crime beyond reasonable doubt - Penal Code, 1860 - s. 302.Honour killings: Sentence/punishment for honour killing - Held: Honour killings come within the category of rarest of rare cases deserving death punishment - Such barbaric, feudal practices are a slur on our nation and should be stamped out - This is necessary as a deterrent for such outrageous, uncivilized behaviour - Copy of the judgement directed to be sent to the Registrar Generals/Registrars of all the High Courts and to all the Chief Secretaries/Home Secretaries/Director Generals of Police of all States/Union Territories in the country. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 368 |
Petitioner | Bhagwan Dass |
Respondent | State(nct) Of Delhi |
SCR | [2011] 6 S.C.R. 330 |
Judgement Date | 2011-05-09 |
Case Number | 1117 |
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