Summary
The Supreme Court upheld murder convictions supported by a complete circumstantial chain of motive, last-seen evidence, identification of the body and corroborative recoveries. The murder was a distinct transaction from an earlier abduction, permitting a separate FIR despite a common underlying motive. Superimposition evidence corroborated other reliable identification evidence; absence of DNA testing did not defeat the prosecution. The accused persons’ failure to explain proved last-seen circumstances supplied an additional link, rather than replacing the prosecution’s proof.
Issues
- Whether the later murder FIR impermissibly duplicated the earlier abduction case.
- Whether body identification required DNA evidence.
- Whether the circumstantial evidence and discovery material established guilt.
Held
- Sameness of transaction depends on time, place, purpose, design and continuity of action. The completed earlier abduction and later murderous abduction were distinct in occurrence and intention, notwithstanding a common motive; the separate murder FIR was proper. (¶ 15–20)
- The earlier complaint supported proof of motive and was not treated as substantive proof of the later murder. Circumstantial guilt still required a complete, conclusive chain excluding reasonable hypotheses of innocence. (¶ 21–23)
- Expert opinion is advisory and must be assessed with its reasoning and other evidence. Superimposition is neither inadmissible nor infallible. Here it corroborated identification through photographs, clothes, belongings and a scar; absence of DNA testing did not require an adverse inference in the face of reliable evidence. (¶ 31–40)
- Only the discovery-related portion of the custodial statements was relied upon. On these facts, the prior finding of an unidentified body did not defeat the later disclosure connecting the disposal location with the deceased’s identification. (¶¶ 27–28, 39–40)
- The proved last-seen circumstances were actually put to the accused under Section 313. Their unexplained departure from the deceased’s company supplied an additional link alongside the independently proved motive, medical evidence, recoveries and travel records. The combined evidence established guilt beyond reasonable doubt. (¶¶ 24–30, 41–44)
Result
Appeals dismissed. Trial Court judgment, as modified by the High Court to include murder convictions under Section 302, left undisturbed.