DHANANJOY CHATIERJEE @ DHANA versus STATE OF WEST BENGAL

Citation: [1994] 1 S.C.R. 37 · Decided: 11-01-1994 · Supreme Court of India · Bench: A.S. ANAND
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Judgment (excerpt)

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DHANANJOY CHATIERJEE @ DHANA 
v. 
STATE OF WEST BENGAL 
JANUARY 11, 1994 
[DR. AS. ANAND AND N.P. SINGH, JJ.) 
A 
B 
Indian Penal Code, 1860 : Ss. 302, 376 and 38o--Rape and murder of 
young gi,rl by a Security guard in the Apartment-Theft of a Watch-Conviction 
based on circumstantial evidence-Recovery of chain and shirt button of ac-
cused from place of occu"ence-Also circumstances of motive, accused's visit C 
to victim's flat and accused absconding after the occu"ence of the crime--
Recovery of stolen watch and shirt and pant of accused on the basis of dis-
closure statement-Chain of circumstantial evidence complete leading to guilt 
of accused-Conviction and sentence of death upheld. 
Criminal Procedure Code, 1973: Ss. 154-FIR-Vague and indefinite D 
telephone message making the police rush to the scene of occu"ence-Held 
does not constitute FIR. 
Criminal Trial: Witnesses-Hostile witness-Testimony of-Not to be 
ignored completely-To be carefully examined-That part of the testimony 
which receives co"oboration from other evidence on record could be ac-
E 
cepted. 
Evidence Act, 1872 : Sections 25, 26 and 27-Disclosure statement 
made under Police Custody-Admissibility of that part of the Statement which 
distinctly relates to discovery of articles pursuant to disclosure statement. 
F 
Sections 11 and 106-Alibi-plea of-To be proved by cogent and satis-
factory evidence-Possibility of accr-'sed's presence at the scene of occu"ence 
at the relevant time-To be completely excluded by adducing necessary 
evidence. 
Penology: Measure of punishment-Factors to be considered-Retribu-
tive aspect of punishment-Need fo,._..punishment to depend upon atrocity of 
crime-Appropriate punishment to be gi,ven keeping in view not only the rights 
of accused, but also rights of victims and society. 
G 
Words and Phrases : "Facts discovered''-Meaning_pf-ln the context of H 
37 
38 
SUPREME COURT REPORTS 
(1994) 1 S.C.R. 
A S. 27 of Evidence Act; 1872. 
The appellant was one of the security guards posted in an apartment. 
Be was teasing a girl living with her parents in one of the Oats there. Be 
once invited her to a cin~ma hall for seeing a movie. The girl complained 
B 
to her mother. Both the parents lodged a written complaint to the 
propr~etor of the Security Agency which employed the appellant, and the 
proprietor immediately transferred the appellant to another building and 
posted another security guard in the said apartment, with immediate 
effect. However, the appellant did not report for duty at his new place of 
posting and continued to remain in the building. On that very day, the girl 
C returned from her school and was alone in her Oat since her father and 
brother had gone to look after their business and the mother had gone to 
temple. On the pretext of making a telephone call to his employer the 
appellant went to her flat. After some time his Supervisor visited the said 
Apartment to find out why the appellant had not complied with the 
D transfer order. Be was told that the appellant had gone to the girl's Oat 
for making a telephone call. Since there was no response or the intercom 
phone one guard went and called out the appellant, who rushed out of the 
flat '.and met the Supervisor and told him that he would obey the transfer 
orders and join duty in the new place next day since due to some personal 
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F 
G 
difficulty he could not go there the same day. The appellant thereafter left 
the place. After sometime, the mother of the girl returned from the temple 
and since there· was no response to the call-bell, the lock was broken. The 
girl was lying in her cot with blood stains. A doctor was summoned and 
after examination he pronounced that she was dead. Later it came to light 
that the girl had been raped and murdered. 
The appellant abandoned his job and was not traceable. After a few 
days, he was arrested from his uncle's house. After investigation, he was 
challaned and tried for rape and murder of the girl and for committing 
theft of a wrist watch from her flat. He was convicted and sentenced to 
death for committing murder, life imprisonment for rape and 5 years 
rigorous imprisonment for theft. High Court confirmed the sentence of 
death after dismissing the appeal preferred by the appellant. Hence this 
appeal. On behalf of the appellant it was contended that there was no eye 
witness and the chain of circumstantial evidence did not lead to the guilt 
H of the appellant. · 
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DHANANJOY v.
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