Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Triple murder Circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss. 302 and 201 - Triple murder - Circumstantial evidence - Conviction and sentence of death awarded by trial court confirmed by High Court - Held: Chain of circumstances proved by prosecution establishes beyond reasonable· doubt that it was the appellant who had eliminated three persons - Therefore, conviction of appellant u/s 302 for each of the three offences of murder is upheld - However, as regards the sentence, motive for crime was not established - Further, though deceased persons appear to have been brutally killed, what exactly happened leading to their murder by appellant is not known - There is no evidence to establish the gravest case of extreme culpability of appellant and there is also no evidence to establish his circumstances - Therefore, imprisonment for life for each of the three offences of murder and the sentences to run consecutively would meet the ends of justice - Ordered accordingly - Code of Criminal Procedure, 1973 - s.31 - Sentence/Sentencing - Criminal law - Motive.The appellant and another were prosecuted for committing offences punishable u/ss. 364/34, 302, 120-B and 201 IPC. The prosecution case was that regarding the quality of milk supplied by the appellant at the tea stall of 'R' the father of the informant, there arose a dispute between the two. On 16.12.2002 at about 8 p.m. 'A', the worker of the appellant came at the tea stall and told 'R' that the appellant was calling him. 'R' went along with 'A'. After some time 'A' again came to the tea stall and said that the appellant was calling 'S', the other son of 'R'. 'S' also accompanied 'A'. However, both 'R' and 'S' did not return till the following morning. On the basis of the B 'fardbeyan' given by the informant, an FIR was registered for the offence of kidnapping. During the investigation three dead bodies, of 'R', 'S' and 'A', were recovered from the 'Khatal (a cattle shed)' of the appellant. The trial court convicted the appellant and sentenced him to death. The other person was acquitted. The High Court confirmed the conviction as also the death sentence. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 105 |
Petitioner | Sanaullah Khan |
Respondent | State Of Bihar |
SCR | [2013] 1 S.C.R. 1079 |
Judgement Date | 2013-02-15 |
Case Number | 94-95 |
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