Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence Circumstantial evidence judicial confession |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PENAL CODE, 1860: s.302- Accused committing 5 murders including of three children - Circumstantial evidence - Held: The deaths established as homicidal in nature, evidence of witnesses, extra-judicial confession, absconding of accused, his conduct at the time of his arrest, recoveries of incriminating articles made pursuant to disclosure statement, the motive and the statement of accused u/s 313 CrPC, all connect him to the crime and establish his guilt - Judgment of High Court affirming the conviction and commuting the death sentence to imprisonment for 20 years with a further direction that accused be not granted any remission meanwhile, upheld - Sentence/Sentencing - Evidence - Circumstantial evidence - Extra - judicial confession.SENTENCE/SENTENCING: Sentence for a fixed term with a further embargo on remissions - Death sentence awarded by trial court to accused found guilty of causing death of five persons including of three children - Commuted by High Court to imprisonment for 20 years with a further direction that accused be not granted any remissions till then - Held: The decision of High Court cannot be faulted with in the light of well reasoned judgments of Supreme Court over a decade - Penal Code, 1860 - s.302The appellant was prosecuted for causing death of 5 persons including three children. The prosecution case was that on 27-10-2006 at 10.30 p.m. PW1 found the appellant talking to PW4 that he had finished 'S' the sister-in-law, three children and one 'MM'. PW1 rushed towards their house and found 'MM' lying in a pool of blood outside the room and the bodies of the three children and 'S' lying inside the rooms. He informed the employer (PW2) over telephone. Subsequently, a written report was handed over to police. 'MM' also on the way to hospital. The trial court convicted the appellant u/s 302 IPC and sentenced him to death. The High Court upheld the conviction, but commuted the sentence to life imprisonment for a period of 20 years and further directed that till then the accused should not get the benefit of any remission. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 270 |
Petitioner | Sahib Hussain @ Sahib Jan |
Respondent | State Of Rajasthan |
SCR | [2013] 2 S.C.R. 1019 |
Judgement Date | 2013-04-18 |
Case Number | 2083-2084 |
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