VidhiSangh

Supreme Court of India · 03/06/2020

SOMASUNDARAM @ SOMU versus THE STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE

[2020] 10 S.C.R. 27 · 2020 INSC 412

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Convictions arising from the abduction, confinement, murder and clandestine cremation of a former legislator were sustained. Credible accomplice testimony, recoveries, independent witnesses and a false death certificate established the prosecution case despite destruction of the body. Acquittal on conspiracy did not defeat liability for substantive offences or abetment. Two appeals were withdrawn; the remaining appeals were dismissed, with surrender directed within three weeks.

Issues

  1. How accomplice evidence and circumstantial corroboration should be assessed.
  2. Whether absence of the body prevented proof of murder.
  3. Whether conspiracy acquittals defeated the remaining convictions.
  4. Whether abduction and confinement followed by murder supported an inference against the accused.

Provisions considered

Held

Result

Criminal Appeals 2007 and 2009 of 2017 dismissed as withdrawn; remaining appeals dismissed. Bail bonds cancelled and appellants on bail directed to surrender within three weeks to serve their sentences.

Judgment PDF: Supreme Court of India, [2020] 10 S.C.R. 27.