DAGDU & OTHERS ETC. versus STATE OF MAHARASHTRA

Citation: [1977] 3 S.C.R. 636 · Decided: 19-04-1977 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Disposed off

Cited by 11 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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636 
DAGDU & OTHERS ETC. 
v. 
STATE OF MAHARASHTRA 
April 19, 1977 
{Y. V. CHANDRACHUD, P. K. GOSWAMI AND P. N. SHINGHAL, JJ.] 
. Evidence Act 1912-Sections 114 illustration (b) and 
133-Accomplice 
01dence, whether a competent ·witness-Whether conviction can be based on 
u_ncorr&boratul. evidence of an accomplice-Appreciation-Rule of corrobora-
tlon-Presumpllon by courts. 
Criminal Procedure Code 1989-Sections 163, 164, 367(5) and 554--Con-
fessional statements-Criminal Manual 1960 oj Bombay High Court-PaYa 18 
-Failure to comply with Sec. 164(3) and High Court circulars if renders con-
fessions inadmissible in evidence-Evidence Act, Section 29. 
C:iminal Procedure Code 1973- Sections 235, 354-Hearing, accused on the 
question of sentence-I/ mandatory-If appellate court can give hearing, on 
failure by the trial court. 
Accused No. 1 though in her thirties had entered a period of premature 
menopause. She was anxious to get a child which could only happen if her 
menstrual cycle was.restored. She used to consult quacks and Mantriks in order 
to help get a child. Accused No. l's mother was accredited with sixth sense 
in the matter of discovery of treasure trove. 
She had oracled that a treasure 
trove Jay buried in accused No. l's house underneath the Pimpal tree. The 
Pimpal tree is believed to be the haunt of Munjaba, who is supposed .to be the 
spirit of an unmarried Brahmin boy. Accused Nos. 1 and 2 consulted quacks 
who prescribed that virgins should be offered as sacrifice to Munjaba and to 
propitiate the deity, blood from their private parts be sprinkled on the food 
offered by way of 'Naivedya'. Five small girls about 10 years of age, a year old 
infant and 4 women in their 
mid-thirties 
were found 
murdered 
between 
14-11-1972 and 4-1-1974 in a villa~e called Manawa!. The murders of these 10 
females showed significant similarities in pattern and conception. The time and 
place chosen for crime, preference for females as victims, the nature of injuries 
caused to them, the strange possibility that the private 
parts of some of the 
victims were cut in order to extract blood, the total absence of motive for killing 
these very girls and women, the clever attempt to dcxlge the police and then to 
put them on a false scent and the' extreme brutality surroundings the crimes gone 
to the case an eerie appearance. 
Eighteen persons were put up for trial before the Session Judge for the 10 
murders. Two out of these persons were tendered pardon and were examined 
in the case as approvers. Accused No. 6 died during the trial. The Sessions 
Judge acquitted accused 4, 5, 7, 8 and 13 to 16. Accused No. l and 2 were 
convicted under s. 302 read with s. 120-B and section 34 of the Penal Code. 
Ac:used No. 1, 2 and 3 were sentenced to death while accused No. 9 to 12 
were sentenced to life imprisonment. The· matter went to the High Court in the 
form of various proceedings. The High Court acquitted accused No. 1 and 
2 holding that the offence of conspiracy which formed the gravamen of the 
eharge against them was not proved. Since the charge of conspiracy failed and 
since it was a common ground that accused No. 1 and 2 had not taken any 
direct part in the commission of the murders; the High Court held that they 
were entitled to acquittal on all the charges. 
The High Court dismissed the 
appeal filed by accused No. 3 holding that he was responsible for the first 4 
murders and confirmed his conviction under s. 302 read with s. 34 as also the 
sentence of death imposed upon him. The High Court dismissed the State's 
appeal against acquittal of accused No. 4 and 5 but allowed the State's appeal 
and enhanced the sentence of accused No. 9 to 12 to death. 
Criminal Appeal No. 437 of 1976 was filed by accused Nos. 9 to 12. Criminal 
Appeal No. 438 of 1976 was filed by accused No. 3 and Criminal Appeal No. 
441 of 1976 was filed by the State of Maharashtra against acquittal of accused 
Nos. 1 and 2. The Court acquitted accused No. 12 by giving him the benefit 
of doubt and while dismissing the three .appeals. 
• 
DAGDU v. MAHARASHTRA (Chandrachud, I.) 
63 7 
HELD : (1) There is no antithesis betweens. 133 and illustration (b) to 
section 114 of the Evidence· Act because the illustration only says that the Court 
may presume a, certain state of affairs under s. 114 of the Evidence Act. The 
Court may presume the existence of any fact which it thinks likely to have 
happened regard being had to the

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