VidhiSangh

Supreme Court of India · 02/01/2023

PREM SINGH versus STATE OF NCT OF DELHI

[2023] 5 S.C.R. 800 · 2023 INSC 3

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Summary

A man took his sons, aged 9 and 6, to a Delhi canal. He then told water-plant staff, a petrol-pump attendant and the police on a 100 call that they had drowned by accident. Post-mortem examinations showed death by manual strangulation. The Supreme Court upheld his murder conviction. His wife, though hostile, admitted leaving the boys with him. The false drowning story was a further link, and his silence under Section 106 of the Evidence Act told against him. Motive was shown by his doubts about the boys' paternity. A plea of unsoundness of mind, first raised in the Supreme Court, failed: he had been treated only for alcohol de-addiction, and the crime showed a calculating mind.

Issues

  1. Whether the chain of circumstantial evidence, including last seen, medical evidence of strangulation and the accused's false account of accidental drowning, was complete despite hostile family witnesses and a disputed motive.
  2. Whether the appellant could claim the benefit of Section 84 IPC, or the trial was vitiated for not following Section 329 CrPC, on the basis of his alcohol de-addiction treatment and later psychiatric treatment in jail.

Provisions considered

Held

Result

Criminal Appeal No. 1 of 2023 dismissed; conviction under Sections 302 and 201 IPC and sentence of life imprisonment, affirmed by the Delhi High Court on 29.02.2016 in Criminal Appeal No. 879 of 2013, upheld.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 800.