Case Note & Summary
The matter arose out of a trial court judgment convicting six accused persons for the ritualistic sacrifice and murder of a seven-year-old girl, Sapna. The case originated when Sapna went missing on 24.10.2012, leading to a missing report by her father. About a month later, a villager informed the parents that a girl's cries were heard in a field, and the mother lodged a complaint alleging kidnapping and murder. According to the prosecution, 34 days before Navratri, accused Yashodabai Meshram convinced the other accused that her daughter Durga was afflicted by a goddess and needed female blood to be cured. A conspiracy was hatched to sacrifice Sapna. On 24.10.2012, accused Yadavrao gave Rs.10 to Sapna to buy biscuits; accused Motiram cut the electricity, and in the darkness, Yadavrao forcibly took Sapna behind the school. Accused Manoj kept watch. She was taken to Yashodabai's house where the others were present. There, they held her before a goddess idol, accused Motiram chanted mantras, and accused Ramchandra (now deceased) slit her throat with a knife, separating her head. Blood was collected, sprinkled on the idol, and consumed as prasad. The body was placed in a gunny bag and buried near the bathroom. Later, on Yashodabai's instructions, the remains were exhumed and reburied in a field. Investigation led to the discovery of human bones, skull, a frock, bangles, and weapons like a knife and crowbar. The trial court convicted the accused under Sections 302 read with 34 (murder with common intention), 120(B) read with 34 (criminal conspiracy), 201 read with 34 (causing disappearance of evidence), and Sections 363 and 364 read with 34 (kidnapping). Six accused were sentenced to death for murder, life imprisonment for conspiracy, and rigorous imprisonment for other offences. As required, the trial court forwarded the death sentence for confirmation to the High Court under Section 366 of the Code of Criminal Procedure, 1973. The convicted accused also filed an appeal against the judgment. The High Court heard the confirmation case and the appeal together, reserving judgment on 19.10.2018. The provided excerpt of the judgment does not include the final decision or the court's reasoning on the confirmation of the sentence.
Headnote
A) Criminal Law - Murder - Section 302 r/w 34, Indian Penal Code, 1860 - Death penalty for child sacrifice - Trial court convicted six accused for murder of a seven-year-old girl; they were sentenced to death by hanging; the case is referred to High Court for confirmation under Section 366 Cr.P.C. (Paras 2, 5-6). B) Criminal Law - Criminal Conspiracy - Section 120(B) r/w 34, Indian Penal Code, 1860 - Conspiracy to murder - Accused conspired to sacrifice a child to appease goddess; they distributed roles; convicted and sentenced to life imprisonment (Paras 4-5). C) Criminal Law - Causing Disappearance of Evidence - Section 201 r/w 34, Indian Penal Code, 1860 - Disposing of body - Accused buried the body and later exhumed and reburied it to conceal the crime; convicted and sentenced to five years rigorous imprisonment (Paras 2, 6-7). D) Criminal Law - Kidnapping - Sections 363, 364 r/w 34, Indian Penal Code, 1860 - Kidnapping for murder - Accused kidnapped the minor by luring her with money, forcibly took her away and killed her; convicted and sentenced to seven years rigorous imprisonment (Paras 3, 5). E) Criminal Procedure - Confirmation of Death Sentence - Section 366, Code of Criminal Procedure, 1973 - Reference to High Court - Death sentence must be confirmed by High Court; the trial court forwarded the proceedings for confirmation, and the High Court heard the reference along with the accused's appeal (Para 2).
Issue of Consideration
Whether the death sentence awarded by the trial court for murder and allied offences is liable to be confirmed under Section 366 of the Cr.P.C.
Law Points
- Section 302 IPC with common intention under Section 34
- criminal conspiracy under Section 120B
- causing disappearance of evidence under Section 201
- kidnapping for murder under Sections 363
- 364
- death sentence confirmation under Section 366 Cr.P.C.
