Case Note & Summary
The Supreme Court heard a criminal appeal challenging the concurrent convictions by the Trial Court and High Court under Sections 302 and 201 of Indian Penal Code, 1860 for murder and destruction of evidence. The prosecution case relied on circumstantial evidence, alleging the appellant abducted and murdered the deceased for ransom. The Court analyzed the evidence against the principles from Sharad Birdhichand Sarda vs. State of Maharashtra, finding gaps such as delayed missing report, unsubstantiated ransom claims, lack of body identification, and absence of mobile call details. The Court concluded the chain of circumstances was complete and exclusive to the appellant's guilt, leading to confirmation of conviction
Headnote
Criminal Law-- Indian Penal Code, 1860-- Sections 302 and 201 -- Missing of deceased-- Demand of ransom-- Murder of victim and body of victim was stuffed in a sack and thrown into a well-- Trial u/s 302 and 201 of IPC-- Conviction-- Appeal preferred by convicted accued before high court-- Dismissal of appeal-- Challenged before supreme court concurrent judgment- Case rest on circumstantial evidence-- Case of Sharad Birdhichand Sarda (Supra) referred-- PW-12 husband of deceased received a call seeking ransom from a person who had custody of his deceased wife-- PW-5 and PW-6 supported the case of prosecution-- Dead body of the deceased recovered from a well at the disclosure of appellant-- Motive-- Deceased died due to throttling of neck by ligature-- Medical evidence-- Call details of decesed mobile phone-- Sale of deceased mobile phone by appellant-- "Discovery of fact" u/s 27 of Evidence Act-- Cases referred-- Recovery of dead body satisfied all the essential ingredients of Section 27 of Evidence Act-- Recovery of scooty at the instance of appellant-- Abduction with a motive to demand ransom-- Unbroken chain of circumstances points irresistibly to the guilt of appellant-- Conviction uphold-- Appeal Dismissed Para-- 13, 14, 15, 16, 17, 18, 19, 21, 23, 26, 27, 29
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Issue of Consideration: The Issue of whether the Trial Court and High Court rightly convicted the appellant based on circumstantial evidence for murder under Sections 302 and 201 of Indian Penal Code, 1860
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Final Decision
The Supreme Court allowed the appeal, set aside the conviction under Sections 302 and 201 of Indian Penal Code, 1860, and acquitted the appellant
