NDLI: Sudam @ Rahul Kaniram Jadhav Vs. State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860
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: ss.302, 201 - Homicidal death - Death due to strangulation - Five deceased - Conviction based on circumstantial evidence - Appellant-accused living with the deceased woman as husband and wife, along with four children, two from her first husband and two from the appellant - By projecting himself to be single, appellant married another woman (PW-6) - When deceased woman discovered the illicit relationship of appellant and PW-6, she agreed to pay Rs.15000 to PW-6 to leave appellant - Appellant, thereafter, came back with the deceased woman and children to his village - After two days, the dead bodies of the deceased woman and children found in the village pond - Relying on circumstantial evidence, trial court convicted the appellant u/ss.302 and 201 and awarded death sentence - High Court confirmed conviction and death sentence - On appeal, held: All the deceased met homicidal death - The evidence of mother of deceased and PW. 6 showed that deceased and four children were last seen alive with the appellant two days prior to recovery of dead bodies - Appellant had also made extra-judicial confession before PW. 6 that he committed murder on account of the harassment meted out to him by his wife - The circumstances led to one and the only conclusion that the appellant had committed the murder of all the five persons - Accordingly conviction of appellant upheld - As regards sentence, the appellant killed the woman with whom he lived as husband and wife, a woman who was in deep love with him and willing A to pay Rs.15,000/- to PW.6 to save the relationship - The manner in which the crime was committed clearly showed it to be premeditated and well planned - He not only killed the deceased but crushed her head to avoid identification - Killing four children, tying the dead bodies in bundles of two each and throwing them in the Pond would not have been possible, had the appellant not meticulously planned the murders - It showed that the crime was committed in a beastly, extremely brutal, barbaric and grotesque manner - The offence resulted into intense and extreme indignation of the community and shocked the collective conscience of the society - The case in hand fell in the category of the rarest of the rare cases and the trial court did not err in awarding the death sentence and the High court in confirming the same - Sentence/Sentencing.Evidence: Circumstantial evidence - Held: To bring home the guilt on the basis of the circumstantial evidence, the prosecution has to establish that the circumstances proved lead to one and the only conclusion towards the guilt of the accused - In a case based on circumstantial evidence, the circumstances from which an inference of guilt is sought to be drawn are to be cogently and firmly established - The circumstances so proved must unerringly point towards the guilt of the accused - It should form a chain so complete that there is no escape from the conclusion that the crime was committed by the accused and none else - It has to be considered within all human probability and not in fanciful manner - In order to sustain conviction, circumstantial evidence must be complete and must point towards the guilt of the accused - Such evidence should not only be consistent with the guilt of the accused but inconsistent with his innocence.
Judge	Hon'ble Mr. Justice C.K. Prasad
Neutral Citation	2011 INSC 424
Petitioner	Sudam @ Rahul Kaniram Jadhav
Respondent	State Of Maharashtra
SCR	[2011] 6 S.C.R. 1104
Judgement Date	2011-07-04
Case Number	185-186

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