Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860-ss. 302 364 and 201 |
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 - ss. 302, 364 and 201 - Murder - Circumstantial evidence - Appellant with two of the accused taking away the deceased - A highly decomposed dead body without head and hands found by police after 9 day since the deceased was missing - Medical Officer not able to make out whether the body was that of a male or female - Identification thereof by mother of the deceased - FIR lodged against the accused, before finding of the body - Attribution of motive of illicit relationship between deceased and wife of the appellant - During trial majority of witnesses turning hostile - Trial Court convicting the appellant and two of the accused on the basis of evidence of mother and wife of deceased and Police Officers - Rest of the accused acquitted - High Court acquitting the two accused, and convicting the appellant shifting the burden to prove on him as to what happened to the deceased - Concluding that appellant committed murder with some other persons - On appeal, held: Prosecution failed to prove the charge against the appellant - Evidence of mother and wife of the deceased are not reliable, being contradictory and at variance with the FIR and evidence of the investigating Officer - In the facts of the case, the dead body cannot be said to have been identified - No convincing evidence to prove the motive - Burden to show as to what happened to the deceased was wrongly shifted on the appellant - The circumstances of last seen together, by itself would not lead to inference that it was appellant who committed the crime - As benefit of doubt was given to other accused, High Court, in absence of evidence could not have propounded new theory that appellant committed the crime with the help of some other persons - Burden of proof.Appellant-accused along with 6 other accused, was tried for having caused death of a person. Prosecution case was that the deceased was employed with the appellant as tractor driver. He had illicit intimacy with the wife of the appellant (PW 19) and had left the job about 3 months prior to the incident due to misunderstanding between the appellant and the deceased. Appellant and accused Nos. 6 and 7 went to the house of deceased on 12.7.2001. As deceased was not at home, they told mother of the deceased (PW 10) that they required services of the deceased. When the deceased returned home after half an hour, he was immediately taken by the accused with them. Since the deceased did not return home, PW 10 made queries from the appellant and accused Nos. 6 and 7. She ultimately alongwith PW 18 lodged a complaint (Exbt P6) on 22.7.2001 about her missing son and apprehending that the appellant could cause harm to him as the appellant had taken him forcibly. Inspector from some other Police Station, got an information about a dead body floating in river on 21.7.2001. Head and hands of the body were severed. Legs were tied with a rope. The body was so decomposed that the Medical Officer could not confirm as to whether the body was that of a male or female. However, an underwear was found on the body. When the body was shown to PW-10 and PW1 (wife of the deceased) PW-10 identified the same as that of her son. Appellant and other 6 accused were arrested. At the behest of the accused, the places where the accused had been taken by them and from where the dead body had been thrown had been shown. Weapons of offence were also recovered on that basis. Trial Court convicted the appellant and accused Nos. 6 and 7 u/ss. 302, 364 and 201 IPC. High Court further acquitted accused nos. 6 and 7 and convicted the appellant holding that the burden shifted on the appellant to show as to what happened to the deceased after he took the deceased with him; and that the appellant committed the murder of the deceased with the help of some other persons and not the acquitted accused. Hence the present appeal. |
Judge | Hon'ble Mr. Justice B. Sudershan Reddy |
Neutral Citation | 2007 INSC 959 |
Petitioner | Malleshappa |
Respondent | State Of Karnataka |
SCR | [2007] 10 S.C.R. 153 |
Judgement Date | 2007-09-21 |
Case Number | 101 |
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