Case Note & Summary
The Supreme Court of India heard appeals against a common judgment of the Chhattisgarh High Court confirming the conviction and death sentence of Ishwari Lal Yadav and Kiran Bai, and life imprisonment of other accused, for the kidnapping and murder of a two-year-old boy, Chirag Rajput, for human sacrifice in a tantric ritual. The prosecution case was that the main accused, who were neighbours of the victim's parents, believed in tantrism and wanted to attain siddhi. They instructed their disciples to procure a child for sacrifice. On 23 November 2010, the child was kidnapped from outside his home while playing. The accused played loud music to mask the child's cries. When the child went missing, the parents and neighbours searched for him. Suspicion arose due to loud music from the accused's house. Upon entering, they found freshly dug earth, puja items, and blood. The accused confessed to the crowd that they had sacrificed the child. The body was exhumed, and the child's head was severed. The police arrived, registered a case, and after investigation, charges were filed under Sections 364/34, 302/34, 201 IPC and Section 120B IPC. The trial court convicted all accused and imposed death penalty. The High Court confirmed the death sentence for the two main accused and modified the sentence of others to life imprisonment without remission. The Supreme Court examined the evidence, including oral testimony of witnesses who saw the body recovered from the accused's house and heard the extra-judicial confession. The Court held that the extra-judicial confession was voluntary and admissible, and the recovery of the body from the accused's house shifted the burden under Section 106 of the Evidence Act. The Court found that the prosecution proved the guilt beyond reasonable doubt. On the question of sentence, the Court held that the murder of a two-year-old child for human sacrifice was a 'rarest of rare' case, warranting the death penalty for the main accused. The appeals were dismissed, and the death sentence was confirmed.
Headnote
A) Criminal Law - Extra-judicial Confession - Admissibility - Extra-judicial confession made to a crowd of villagers is admissible under Section 24 of the Indian Evidence Act, 1872, if made voluntarily and without inducement, threat or promise - In the present case, the main accused confessed to the crowd that they had sacrificed the child, which was corroborated by recovery of the body and other evidence - Held that such confession is reliable and can form the basis of conviction (Paras 13-20). B) Criminal Law - Confession to Police - Bar under Sections 25 and 26 of the Indian Evidence Act, 1872 - Confessional statements made to police are inadmissible - However, disclosure statements leading to discovery of facts under Section 27 of the Evidence Act are admissible - In this case, the trial court and High Court did not rely on police confessions but on extra-judicial confessions and other evidence - Held that no error was committed (Paras 9, 13-20). C) Criminal Law - Section 106 of the Indian Evidence Act, 1872 - Burden of Proof - When the body of the deceased is found in the house of the accused, the burden shifts to the accused to explain how the death occurred - In this case, the body was recovered from the house of the main accused, and they failed to provide any explanation - Held that Section 106 can be invoked against the accused (Paras 13-20). D) Criminal Law - Common Intention and Criminal Conspiracy - Sections 34 and 120B of the Indian Penal Code, 1860 - For conviction under Section 34, a pre-arranged plan and participation in the criminal act must be proved - For conspiracy under Section 120B, an agreement to commit an illegal act is essential - In this case, the evidence showed that all accused were present and participated in the kidnapping and murder of the child for human sacrifice - Held that the ingredients of Sections 34 and 120B were satisfied (Paras 9-12, 21-25). E) Criminal Law - Death Penalty - Rarest of Rare Cases - The murder of a two-year-old child for human sacrifice in a tantric ritual is a gruesome and heinous crime that shocks the conscience of the court - The aggravating circumstances outweigh the mitigating circumstances - Held that the case falls within the 'rarest of rare' category, and the death sentence imposed on the main accused is confirmed (Paras 26-30).
Issue of Consideration
Whether the conviction and death sentence of the appellants based on extra-judicial confessions and circumstantial evidence is sustainable, and whether the case falls within the 'rarest of rare' category for imposition of death penalty.
Final Decision
The Supreme Court dismissed all appeals, upheld the conviction of all appellants, and confirmed the death sentence imposed on Ishwari Lal Yadav and Kiran Bai. The sentence of life imprisonment without remission for the other appellants was also upheld.
Law Points
- Extra-judicial confession
- Confession to police inadmissible
- Section 106 Evidence Act
- Common intention
- Criminal conspiracy
- Rarest of rare cases
- Human sacrifice
- Tantrism
- Recovery of body
- Circumstantial evidence
