1991 (5) TMI 253 - SC - Indian Laws

Summary

Issues Involved:
1. Identification of the deceased.
2. Reliability and corroboration of the approver's testimony.
3. Justification for the imposition of the death penalty.

Summary:

1. Identification of the Deceased:
The appellants contended that the dead body found was highly decomposed and not properly identified as that of the deceased, Hariramachandran. The court held that in a trial for murder, it is not an absolute necessity to establish corpus delicti. The fact of death must be established like any other fact, and the evidence of PWs-7 to 10, along with the identification by the deceased's mother (PW-2), was sufficient to establish the identity of the dead body and the cause of death due to stabbing with a sharp-edged weapon.

2. Reliability and Corroboration of the Approver's Testimony:
The appellants argued that PW-1, being an approver, was not a reliable witness and his testimony lacked corroboration. The court reiterated that u/s 133 of the Evidence Act, an accomplice is a competent witness, and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. The court found that PW-1's testimony received sufficient corroboration from independent evidence, including the testimonies of PWs-2 to 4, PW-16, PWs-7 to 10, and PW-24. The court concluded that PW-1 was a reliable witness and his evidence was corroborated in material particulars.

3. Justification for the Imposition of the Death Penalty:
The appellants contended that the death sentence was not justified, especially considering the acquittal of A-2 in the case of Hariramachandran's death. The court held that the doctrine of benefit of doubt operates only in the proof of the commission of the offence and does not enter the area of consideration of imposing the sentence. The court emphasized the need for appropriate sentencing to protect society and deter criminal proclivity. The court noted that the appellants had committed multiple murders in a premeditated and planned manner, showing depravity and hardened criminality. The court found no infirmity in the sentence awarded by the Sessions Court and confirmed by the High Court, and thus, dismissed the appeals.

Conclusion:
The Supreme Court dismissed the appeals, upholding the death sentences awarded by the Sessions Court and confirmed by the High Court, finding no infirmity in the identification of the deceased, the reliability and corroboration of the approver's testimony, and the justification for the imposition of the death penalty.