NDLI: John Anthonisamy @ John Vs. State, Rep. By The Inspector of Police

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.302 r/w s.201 IPC Murder Purported extra-judicial confession Circumstantial evidence
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s. 302 r/w s. 201 – Murder – Circumstantial evidence – Purported extra-judicial confession – Effect – Five accused including appellant (A-1) – Prosecution case that in pursuance of a conspiracy, the accused persons killed the deceased and stole/took away his car – PW11 (Sub inspector) closed the case as undetected – However, case was subsequently re-opened and investigation initiated by police witness (PW30) on basis of confessional statement made in letter allegedly written by appellant to PW22 – Trial Court convicted appellant u/s. 302 r/w s. 201 IPC – Conviction confirmed by High Court – Challenge to – Held: It was contended by appellant that he was convicted on confessional statement in his letter /communication to PW22 and the instant case being a case of circumstantial evidence, therefore, unless and until the complete chain of events were proved and established, he could not have been convicted on confessional statement – However, High Court did not give much weightage so far as the letter /communication by appellant addressed to PW22 is concerned and therefore, it cannot be said that appellant was convicted on the confessional statement made in the letter /communication concerned – Further, as rightly observed by the High Court, by other circumstances the prosecution established and proved that the deceased was killed after his car was stolen/taken away by the appellant – First strong circumstance against the appellant was that the dead body was exhumed from the place identified by appellant and super imposition test and DNA examination proved that the dead body was that of the deceased – Second strong circumstance against the appellant was that the car was recovered from the place and the person disclosed by the appellant – Another circumstance against the appellant was that the car engine and gear box sold by him was recovered from PW-17 on disclosure statement made by appellant – Conviction of appellant accordingly confirmed.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2023 INSC 54
Petitioner	John Anthonisamy @ John
Respondent	State, Rep. By The Inspector Of Police
SCR	[2023] 1 S.C.R. 279
Judgement Date	2023-01-19
Case Number	466

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