2013 (3) TMI 874 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction and sentencing u/s 302, 364, and 120-B of the Indian Penal Code.
2. Reliance on circumstantial evidence.
3. Last seen theory.
4. Recovery of incriminating articles.
5. Motive for the crime.
6. Discrepancies in witness testimonies.
7. Forensic evidence.

Summary:

1. Conviction and Sentencing u/s 302, 364, and 120-B of the Indian Penal Code:
The appeals challenge the High Court's decision, which upheld the Additional Sessions Judge's conviction of the appellants for kidnapping and murdering a 7-year-old child, sentencing them to life imprisonment u/s 302, along with fines and additional imprisonment for non-payment.

2. Reliance on Circumstantial Evidence:
The prosecution's case was based solely on circumstantial evidence. The Supreme Court reiterated the "five golden principles" for conviction based on circumstantial evidence, as established in Sharad Birdhichand Sarda v. State of Maharashtra.

3. Last Seen Theory:
The prosecution relied on witnesses who testified that the deceased was last seen with the appellants. Witnesses PW-3, PW-4, and PW-10 confirmed seeing the accused with the child on the day of the incident, supporting the last seen theory.

4. Recovery of Incriminating Articles:
Incriminating articles, including blood-stained clothes, were recovered based on information provided by the appellants. The FSL report confirmed the presence of human blood on these items.

5. Motive for the Crime:
The prosecution established a motive, highlighting previous enmity between the families. The accused had threatened the victim's family, which provided a motive for the crime.

6. Discrepancies in Witness Testimonies:
The defense pointed out discrepancies in witness testimonies regarding the condition of the dead body. However, the Court noted that these witnesses were villagers and the body was found days after the incident, partially eaten by animals, which explained the inconsistencies.

7. Forensic Evidence:
Forensic evidence, including the FSL report, supported the prosecution's case by confirming the presence of human blood on the recovered clothes.

Conclusion:
The Supreme Court concluded that the prosecution had established all the necessary circumstances through cogent and acceptable evidence, leading to the conclusion that the appellants kidnapped and murdered the deceased. The trial court's decision, affirmed by the High Court, was upheld, and the appeals were dismissed.