2000 (1) TMI 976 - SC - Indian Laws

Summary

Issues Involved:
1. Dishonest investigation and re-investigation motives.
2. Proving the motive for the murder.
3. Eye-witness reliability.
4. Admissibility and voluntariness of confessions.
5. Proving terrorist acts.
6. Charges against police officers for conspiracy and dishonest investigation.

Summary:

1. Dishonest Investigation and Re-investigation Motives:
The court first addressed whether the initial investigation was dishonest or if the subsequent re-investigation by Deshmukh and his officers was done with an oblique motive. The trial court found the initial investigation honest and the re-investigation motivated. However, the Supreme Court found sufficient evidence suggesting the initial investigation was dishonest, influenced by the gangs, and aimed at protecting the real culprits. The court held that the re-investigation was not done with any oblique motive.

2. Proving the Motive for the Murder:
The prosecution presented evidence from family members of the deceased, showing that the Dube brothers had conflicts with Bhai Thakur over land possession, leading to threats against Suresh Dube. The court found this evidence trustworthy and held that the motive for the murder was proved.

3. Eye-Witness Reliability:
The trial court disbelieved the two main eye-witnesses due to contradictions and lack of prior identification parades. However, the Supreme Court found that the initial investigation's dishonesty undermined the trial court's reasoning. The court held that the eye-witnesses had sufficient opportunity to see the assailants and their identification in court was credible.

4. Admissibility and Voluntariness of Confessions:
The trial court held the confessions inadmissible due to alleged breaches of TADA Rules and procedural errors. The Supreme Court, however, found that the confessions were recorded properly, with the accused being informed of their rights and making the confessions voluntarily. The court also held that the confessions were substantive evidence against the accused and their co-accused.

5. Proving Terrorist Acts:
The prosecution relied on confessions and testimonies from victims of the gangs' activities to prove terrorist acts. The court found that the evidence, corroborated by the confessions, was sufficient to prove that the gangs of Bhai Thakur and Manik Patil committed terrorist acts.

6. Charges Against Police Officers for Conspiracy and Dishonest Investigation:
The trial court acquitted the police officers (A-14 to A-17), finding the confessions of co-accused insufficient for conviction. The Supreme Court agreed, noting a strong suspicion of their involvement but lacking independent evidence to convict them solely based on the co-accused's confessions.

Conclusion:
The Supreme Court partly allowed the appeals, setting aside the acquittal of A-1 to A-6, convicting them under various sections of IPC and TADA Act, and sentencing them to life imprisonment and other penalties. The acquittal of the police officers and other respondents was confirmed.