Case Note & Summary
The Supreme Court dismissed the appeal of Harinder Singh @ Hira, who was convicted under Sections 302 and 201 of the Indian Penal Code, 1860 for the murder of Gurdev Singh and destruction of evidence. The case was based on circumstantial evidence. The prosecution proved that the accused made an extra-judicial confession to Chanan Singh (PW4), a close relative, that he had killed Gurdev Singh with an axe and buried the body. Subsequently, the accused led the police and an Executive Magistrate to the spot where he dug out the dead body. The recovery was videographed and witnessed by independent witnesses. The trial court and the High Court had convicted the appellant, and the Supreme Court upheld the conviction, holding that the circumstances—extra-judicial confession, recovery of the body at the instance of the accused, and the accused misleading the complainant about the deceased's whereabouts—formed a complete chain pointing to the guilt of the accused. The Court found no reason to disbelieve the extra-judicial confession as it was made to a confidante and there was no effective cross-examination. The appeal was dismissed, and the appellant was directed to surrender to undergo the remaining sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 201 Indian Penal Code, 1860 - Conviction based on extra-judicial confession and recovery of dead body at the instance of accused - Court held that the circumstances proved beyond reasonable doubt form a complete chain leading to only one inference that the accused alone could have murdered the deceased - Appeal dismissed (Paras 15-17). B) Evidence - Extra-Judicial Confession - Credibility - Confession made to a close relative and confidante - Court held that there is no reason to disbelieve the extra-judicial confession when there is no effective cross-examination and the witness is closely related to the accused (Para 13). C) Criminal Procedure - Recovery of Dead Body - Disclosure Statement - Section 27 Indian Evidence Act, 1872 - Recovery of dead body at the instance of accused in presence of Executive Magistrate and videography - Court held that the recovery is proved and admissible (Paras 9-12).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 201 IPC based on circumstantial evidence is sustainable when the prosecution relies on extra-judicial confession and recovery of dead body at the instance of the accused.
Final Decision
Appeal dismissed. Conviction under Sections 302 and 201 IPC upheld. Appellant directed to surrender forthwith and undergo remaining sentence.
Law Points
- Circumstantial evidence
- extra-judicial confession
- recovery of dead body at instance of accused
- chain of circumstances leading to guilt
- Sections 302 and 201 IPC
