Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.302 rlw s.3 1860: s.302 364 -Abduction and murder 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: s.302, s.302 rlw s.3,/,. 364 -Abduction and murder - Previous enmity between victim-deceased and accused persohs - Allegation that accused persons abducted the victim-deceased and thereafter killed him and threw his body on railway tracks - Since at that time the identity of body was not known, the police after investigation buried the body - On complaint of missing of deceased and investigation, the police exhumed the body and after DNA examination found it to be that. of the victim-deceased - Conviction of accused no. 1 to 3 based on circumstantial evidence - On appeal, held: Prosecution was successful in bringing on record fi.te circumstantial evidences such as existence of motive, the circumstances in which the deceased was last seen alive in the company of accused nos. 1 to 3, homicidal death and recovery of incriminating articles at the instance of accused persons - The evidence proved that prosecution succeeded in pr-00ng the facts that the accused nos. 1 to 3 took away deceased - What happened thereafter to deceased was especially within the knowledge of accused nos. 1 to 3 - When deceased is shown to be abducted, it is for the abductors to explain how they dealt with the abducted victim - In the absence of explanation, Court is to draw inference that abductors are the murderers - It was for accused nos. 1 to 3 ยท to explain what happened to the deceased after they took him away but they failed to explain the same - The deceased was found dead immediately thereafter - Therefore, accused nos. 1 to 3 who abducted the deceased intentionally withheld the information from the Court and, there was every justification for drawing inference that accused nos. 1 to 3 murdered the deceased - Guilt of the appellants-accused nos. 1 to 3 proved beyond all reasonable doubt - No interference with the order B of conviction.Evidence: Held: In cases of circumstantial evidence, proof of motive is material consideration and a strong circumstance. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 444 |
Petitioner | Paramsivam & Ors. |
Respondent | State Through Inspector Of Police |
SCR | [2014] 8 S.C.R. 813 |
Judgement Date | 2014-07-01 |
Case Number | 593 |
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