Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 302/34 Penal Code 364134 and 201/4 - Conviction and sentence under - Abduction and murder of human right activist by police officials |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 302134, 364134 and 20114 - Conviction and sentence under - Abduction and murder of human right activist by police officials - Activist working on abduction and cremation of unclaimed/unidentified bodies during the disturbed period in Punjab - Senior Superintendent of Police and other police persons hatched conspiracy and abducted the activist - Activist kept under o illegal detention, killed and thereafter, thrown in a canal - No investigation carried out and whereabouts of the activist not known - Writ petition filed by the wife of the activist - Supreme Court transferred investigation to CBI - Charges framed against the appellant and accused (police officials) - Conviction of DSP and AS/ u/ss. 302/34 and imposed life imprisonment and also convicted and sentenced u/ss. 120- 8, 364134 and 201134 - Conviction of four appellants u/ss. 120B and 364/34 and sentenced· to RI for five years and seven years respectively - High Court acquitted ASI, however, appeal by the appellants were dismissed - On revision filed by the wife of the activist, the High Court enhanced the sentence of four appellants from 7 years rigorous imprisonment to life imprisonment - Interference with - Held: It is very difficult to get evidence against the policemen responsible for custodial death - Court cannot be a silent spectator where the facts warrant interference in order to serve the interest of justice - There was motive on behalf of the police department to kidnap and ultimately to eliminate him - Testimonies of the witnesses had been consistent with each other and they identified the accused correctly in the court - Minor variation in the version from time to time is natural since the witnesses were threatened and implicated in false cases - There is trustworthy evidence in respect of abduction of the activist as well as his illegal detention - Courts below found that accused/appellants abducted the activist - In such a situation only accused could explain as to what happened to deceased and why his corpus delicti could not recovered - All the accused failed to explain any inculpating circumstance even in their respective statements u/s. 313 Cr.P.C. - Such a conduct provides for an additional link in the chain of circumstances - Courts below rightly drew the presumption that the appellants were responsible for his abduction, illegal detention and murder - More so, accused could not establish plea of alibi - A/so, since the charges had been framed prior to the statements recorded by PW 16, trial court ought to have altered the charges but it failed to do so - Thus, order of the High Court was justified. s.302134 - Person charged u/s. 302/34, other accused persons stand acquitted - Effect of - Held: It is impossible to hold that accused shared the common intention with other co- accused who is acquitted unless it is shown that some other unknown persons were also involved in the offence - Accused can be charged for being shared the common intention with another or others unknown, if either by direct evidence or by legitimate inference. Murder case - Corpus Delicti - Recovery of - Held: Conviction for offence of murder does not necessarily depend upon corpus delicti being found - Corpus delicti in a murder case has two components-death as result, and criminal agency of another as the means - Where there is a direct proof of one, the other may be established by circumstantial evidence . Constitution of India, 1950 - Articles 21 and 22 - Police atrocities, torture, custodial death and illegal detention - Protection of victim against - Held: State must ensure prohibition of torture, cruel, inhuman and degrading treatment to any person particularly at the hands of any State agency police force - Such victims suffer enormous consequences psychologically - If there is some material on record to reveal the police atrocities, the court must take stern action against the erring police officials in accordance in law. Code of Criminal Procedure, 1973 - s.386(e) - Scope of - Power of High Court u/s. 386(e) to enhance the sentence suo motu - Held: High Court is competent to enhance the sentence suo motu - However, it is permissible only after giving opportunity of hearing to the accused. Evidence:Evidence of an accomplice not put on trial - Conviction on basis of his uncorroborated testimony- Held: Such an accomplice is a competent witness - He deposes in the Court after taking oath and there is no prohibition in any law not to act upon his deposition without corroboration - However, no reliance can be placed on the evidence of accomplice unless evidence is corroborated in material particulars - There has to be some independent witness tending to incriminate the accused in the crime. Testimony of sole eye-witness - Reliability of - Held: There is no legal impediment in convicting a person on the sole testimony of a single witness - If there are doubts about testimony, the court would insist on corroboration - Test is whether the evidence is cogent, credible and trustworthy or otherwise.Criminal trial: Non-mentioning the name of accused by witness at the time of recording his statement u/s.161 Cr.P.C. - Accused named for the first time in his deposition in court - Held: Accused is entitled to benefit of doubt. Extra-ordinary case - Extra-ordinary situations demand extra-ordinary remedies - In an unprecedented case, the court has to innovate the law and may also pass unconventional order keeping in mind the extra-ordinary measures.Evidence Act, 1872 - s.106 - Applicability of - Burden of proof under- Held: Section 106 is not intended to relieve the prosecution of its burden to prove the guilt of accused beyond reasonable doubt - It is designed to m(Jet certain exceptional cases, in which, it would be impossible for prosecution to establish certain facts which are particularly within the knowledge of the accused. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2011 INSC 784 |
Petitioner | Prithipal Singh Etc |
Respondent | State Of Punjab & Anr. Etc. |
SCR | [2011] 14 S.C.R. 862 |
Judgement Date | 2011-11-04 |
Case Number | 532 |
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