2001 (2) TMI 1033 - SC - Indian Laws

Summary

Issues Involved:

1. Motive
2. Medical Evidence
3. Disclosure Statement of Accused Persons
4. Recovery of Stolen Property from the Accused Persons
5. Recovery of Blood-Stained Shirt from Accused Vinod
6. Recovery of Weapon of Offence from Accused Vinod
7. Extra Judicial Confession of Accused Sanjay Moley
8. Last Seen Circumstances in Respect of Accused Sanjay and Nawabuddin

Detailed Analysis:

Motive:
The trial court considered the motive behind the crime, which was robbery, leading to the murder of Smt. Sheela. The accused entered the premises with the intention to commit robbery, resulting in the death of the victim.

Medical Evidence:
The medical evidence confirmed that Smt. Sheela died due to multiple injuries inflicted by a sharp-edged weapon, consistent with the knife recovered during the investigation.

Disclosure Statement of Accused Persons:
The accused made disclosure statements leading to the recovery of stolen property, weapons, and blood-stained clothes. The court emphasized the importance of these statements under Section 27 of the Evidence Act, which allows the admissibility of information leading to the discovery of facts.

Recovery of Stolen Property from the Accused Persons:
Stolen property, including jewelry and other valuables, was recovered from the accused's possession. The court noted that the property was identified by the victim's daughter, establishing a direct link between the accused and the crime.

Recovery of Blood-Stained Shirt from Accused Vinod:
A blood-stained shirt was recovered from Vinod, which was crucial evidence linking him to the murder. The court dismissed the defense's argument regarding the origin of the blood, citing precedents that the presence of human blood was sufficient proof.

Recovery of Weapon of Offence from Accused Vinod:
The knife used in the murder was recovered based on Vinod's disclosure statement. The court upheld the admissibility of this evidence under Section 27, emphasizing the significance of the discovery of the weapon.

Extra Judicial Confession of Accused Sanjay Moley:
Sanjay Moley made an extra-judicial confession to a witness (PW5), which was deemed credible by the court. The court rejected the defense's argument that the confession was fabricated, noting the witness's independent and reliable testimony.

Last Seen Circumstances in Respect of Accused Sanjay and Nawabuddin:
The court considered the last seen circumstances, where Sanjay and Nawabuddin were seen together under suspicious conditions. This, combined with other evidence, strengthened the prosecution's case.

Conclusion:
The Supreme Court upheld the trial court's judgment, finding the accused guilty based on the cumulative evidence, including disclosure statements, recoveries, and extra-judicial confessions. The appeals were dismissed, affirming the convictions and sentences imposed by the trial court.