BHAGWAN DASS versus STATE(NCT) OF DELHI

Citation: [2011] 6 S.C.R. 330 · Decided: 09-05-2011 · Supreme Court of India · Bench: MARKANDEY KATJU · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2011] 6 S.C.R. 330 
BHAGWAN DASS 
v. 
STATE(NCT) OF DELHI 
(Criminal Appeal No.1117 of 2011) 
MAY 09, 2011 
[MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] 
Penal Code, 1860: s.304 - Honour killing of daughter-
Girl having incestuous relatio~ship with her father's cousin -
C Appellant-father annoyed with:such conduct of his daughter 
- Daughter found dead in appellant's house where she had 
come to stay- Death caused by strangulation - Courts below 
convicted the appellant on the basis of circumstantial 
evidence - On appeal, held: All circumstances pointed guilt 
D towards the appellant - Prosecution was able to prove its case 
beyond reasonable doubt by establishing all links in the chain 
of circumstances - Appellant had motive and opportunity to 
kill his daughter since he was unhappy with conduct of his 
daughter and felt that she had dishonoured the family 
E 
reputation - Police was not informed about the unnatural 
death of appellant's daughter - Statement of appellant's 
mother that appellant confessed before her that he murdered 
his daughter, but said statement denied before court - The 
statement of the appellant's mother to the police can be taken 
F into consideration in view of the proviso to s.162(1), Cr.PC, 
and her subsequent denial in court is not believable because 
she obviously had afterthoughts and wanted to save her son 
(the accused) from punishment - Moreso, Statement of 
appellant to SDM led to recovery of crime weapon -
G Conviction upheld . . 
Evidence.· Circumstantial evidence - Held: A person can 
be convicted on circumstantial evidence provided the links 
in the chain of circumstances connects the accused with the 
crime beyond reasonable doubt - Penal Code, 1860 - s. 302. 
H 
330 
BHAGWAN DASS v. STATE(NCT) OF DELHI 
331 
Honour killings: Sentence/punishment for honour killing 
A 
- Held: Honour killings come within the category of rarest of 
rare cases deserving death punishment - Such barbaric, 
feudal practices are a slur on our nation and should be 
stamped out - This is necessary as a deterrent for such 
outrageous, uncivilized behaviour - Copy of the judgment B 
directed to be sent to the Registrar Generals/Registrars of all 
the High Courts and to all the Chief Secretaries/Home 
Secretaries/Director Generals of Police of all States/Union 
Territories in the country. 
The prosecution case was that the appellant was 
C 
very annoyed with his daughter, who had left her 
husband and started living in an incestuous relationship 
with the appellant's cousin. This infuriated the appellant 
as he thought this conduct of his daughter had 
dishonoured his family. He killed her by strangulating her D 
with an electric wire. The trial court convicted the 
appellant. The High Court affirmed the order of 
conviction. The instant appeal was filed challenging the 
order of the conviction. 
Dismissing the appeal, the Court 
HELD: 1.1. It is settled law that a person can be 
convicted on circumstantial evidence provided the links 
in the chain of circumstances connects the accused with 
the crime beyond reasonable doubt. In this case, the 
prosecution has been able to prove its case beyond 
reasonable doubt by establishing all the links in the chain 
E 
F 
of circumstances. In cases of circumstantial evidence 
motive is very important, unlike cases of direct evidence 
where it is not so important. In the present case, the G 
prosecution case was that the motive of the appellant in 
murdering his daughter was that she was living in 
adultery with his cousin. The appellant felt humiliated by 
this, and to avenge the family honour he murdered his 
own daughter. Thus one of the circumstances which 
H 
332 
SUPREME COURT REPORTS 
(2011) 6 S.C.R. 
A connected the appellant to the crime was the motive of 
the crime. In our country unfortunately 'honour killing' 
has become common place. Many people feel that they 
are dishonoured by the behaviour of the young man/ 
woman, who is related to them or belonging to their caste 
B because he/she is marrying against their wish or having 
an affair with someone, and hence they take the law into 
their own hands and kill or physically assault such 
person or commit some other atrocities on them. If 
someone is not happy with the behaviour of his daughter 
c or other person, who is his relation or of his caste, the 
maximum he can do is to cut off social relations with her/ 
him, but he cannot take the law into his own hands by 
committing violence or giving

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