Case Note & Summary
The case involved a horrific incident of child sacrifice driven by superstition, resulting in the deaths of two young boys and the near-fatal injury of a third. The accused included family members of the victims, with the principal accused being the father and his daughter. The incident occurred on 27.10.1978, when witnesses reported seeing the father strangling one boy while the daughter beat another. The police were alerted, and upon arrival, they found the boys dead and the third boy in danger. The trial court convicted the father and daughter under Sections 302 and 307 of the Indian Penal Code, sentencing them to life imprisonment. However, the High Court acquitted the mother and the husband of the daughter, citing insufficient evidence of their involvement or common intention. The State of Uttar Pradesh appealed this acquittal. The Supreme Court, upon reviewing the evidence, found that the High Court's decision was not perverse and that the mere presence of the acquitted respondents at the scene did not establish their guilt. The Court noted the overpowering influence of superstition on the accused's actions and upheld the acquittal, dismissing the appeal as lacking merit.
Headnote
A) Criminal Law - Acquittal - Common Intention - Acquitted respondents not found guilty of sharing common intention - Indian Penal Code, 1860, Sections 302, 307 - The High Court acquitted the respondents due to lack of evidence attributing any overt act or common intention to them, despite their presence at the scene. The Supreme Court upheld the acquittal, emphasizing that mere presence does not imply criminal liability or common intention. Held that the evidence against the respondents was not sufficient to overturn the acquittal (Paras 4-12).
Issue of Consideration
Whether the acquitted respondents shared a common intention with the principal accused in the commission of the crime.
Final Decision
The Supreme Court dismissed the appeal, agreeing with the High Court's acquittal of the respondents due to insufficient evidence linking them to the crime.
Law Points
- Acquittal
- common intention
- evidence standard
- superstition
- criminal liability
