Summary
The Court affirmed the surviving appellants’ convictions for killing an elderly woman on circumstantial evidence. The dispute over unpaid land-lease money, subsequent conduct, extra-judicial confessions, medical findings and recoveries established the chain of circumstances. Although the witness who saw disposal of the bag could not identify the appellants, his account remained relevant to the sequence of events. The servant’s confession was supported by injuries and recovery of the chair described by him.
Issues
- Whether the circumstantial evidence and extra-judicial confessions established the appellants’ guilt despite the failure of identification by the last-seen witness.
- Whether the medical evidence and absence of an independent motive for the servant undermined the prosecution case.
Held
- The unpaid lease money needed for the deceased’s subsistence and evidence of her separate residence supported the motive. The appellants’ absence from the village and funeral-related events supplied a further circumstance of subsequent conduct. (¶¶ 21, 22)
- The hyoid fracture and twice-wrapped dupatta supported the prosecution case; decomposition explained the absence of a surviving ligature mark. The Court noted the absence of prosecution evidence explaining administration of aluminium phosphide. (¶ 23)
- Acid recovered following disclosure and photographs of the disfigured face supported concealment of identity. The non-identifying witness’s account of a man and woman disposing of a bag from a TVS motorcycle remained relevant to the chain. (¶¶ 24, 25)
- Darshan Singh’s extra-judicial confession describing a chair blow was supported by the injuries and recovery of the concealed chair. The circumstances proved the charged offences despite his submission that he lacked a family-related motive. (¶ 26)
Result
Both appeals dismissed. The Court recorded that Swaran Kaur had died during pendency. Darshan Singh and Jagmohan Singh directed to surrender to undergo their remaining sentences.