Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 302 1860: ss.364 201 Penal Code |
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.364, 302, 201 r/w ss.34/120-B - Abduction and murder by strangulation - Destruction of clothes and articles of deceased - Recovery of wrist watch and gold ring from accused persons - Motive - Transaction of purchase of land by deceased from appellants - Conviction by courts below on the ground that complete chain of circumstances pointed towards the guilt of appellants - Held: Evidence of mother of the deceased was to the effect that on the fateful day, the deceased received a phone call from accused no. I thereafter he left home with relevant documents/papers to finalise deal of land - This was relevant fact in support of circumstance of motive - Prosecution also established the vital circumstance of last seen together - The circumstance was further strengthened by evidence to the effect that concerned accused persons loaded a gunny bag in a vehicle - Gunny bag as found by courts below was used to carry dead body of deceased which was transported in a vehicle and then thrown at the isolated location - The fact where the dead.body of deceased was disposed, was disclosed by accused nos. 2 and 3 in quick succession to the Investigating Officer - The discovery was made only after accused nos.2 and 3 were taken together by the police to the spot - Dead body was discovered at the instance of accused Nos. 2 and 3 from the spot in a valley about 600 ft. deep - The fact disclosed by them, therefore, and the discovery made at their instance, was admissible against both the accused in terms of s.27 of the Evidence Act - There was clinching evidence to point towards the involvement of the appellants in the commission of the crime - No tangible reason to deviate from the concurrent findings of the courts below - Evidence Act, 1872 - s.27. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 14 |
Petitioner | Kishore Bhadke |
Respondent | State Of Maharashtra |
SCR | [2017] 1 S.C.R. 330 |
Judgement Date | 2017-01-03 |
Case Number | 467 |
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