Case Note & Summary
The case involved multiple appeals against a common judgment from the High Court of Chhattisgarh regarding the gruesome murder of a two-year-old boy, Chirag Rajput, who was allegedly sacrificed by the main accused, Ishwari Lal Yadav and Kiran Bai, as part of their tantrik practices. The trial court had convicted the appellants under various sections of the Indian Penal Code, including 364, 302, and 201, and imposed the death penalty on the main accused while sentencing others to life imprisonment. The High Court confirmed the death sentence for Ishwari Lal Yadav and Kiran Bai, modifying the sentences for the other accused. The prosecution's case was built on witness testimonies and confessions made by the accused, which were corroborated by the discovery of the child's body in the accused's home. The defense argued that the confessions were inadmissible under the Indian Evidence Act and that there was insufficient evidence to prove conspiracy or common intention among all accused. The Supreme Court upheld the conviction of the main accused, finding that the nature of the crime justified the death penalty, while acquitting the other accused due to lack of evidence linking them to the crime. The court emphasized that the case fell within the 'rarest of rare cases' due to the brutal nature of the murder and the prior convictions of the main accused for similar offenses.
Headnote
A) Criminal Law - Murder and Conspiracy - Conviction for Murder - Indian Penal Code, 1860, Sections 302, 120B - The court confirmed the death sentence for the main accused for the brutal murder of a two-year-old child as a human sacrifice, finding sufficient evidence of their guilt beyond reasonable doubt. The court held that the gruesome nature of the crime warranted the death penalty as it fell within the 'rarest of rare cases' (Paras 20-24). B) Criminal Law - Extra-Judicial Confession - Admissibility of Confession - Indian Evidence Act, 1872 - The court ruled that extra-judicial confessions, while weak evidence, can be accepted if corroborated by other evidence. The confessions made by the main accused were found credible and supported by witness testimonies (Paras 16-17). C) Criminal Law - Common Intention - Section 34 IPC - The court found that while the main accused acted with common intention, the prosecution failed to prove the same for the other accused, leading to their acquittal (Paras 17-19).
Issue of Consideration
Whether the conviction and death sentence imposed on the main accused for the murder of a child as a human sacrifice were justified.
Final Decision
The Supreme Court confirmed the death sentence for Ishwari Lal Yadav and Kiran Bai for the murder of Chirag Rajput, while acquitting the other accused due to insufficient evidence linking them to the crime. The court held that the case fell within the 'rarest of rare cases' due to the brutal nature of the murder.
Law Points
- Sections 364
- 302
- 201 IPC
- Section 120B IPC
- Section 366 Cr.P.C.
- Indian Evidence Act
- 1872
