LexKUMAR versus STATE OF TAMIL NADU
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A B [2013] 6 S.C.R. 434 KUMAR v. STATE OF TAMIL NADU (Criminal Appeal No. 1450 of 2009) MAY 9, 2013 [P. SATHASIVAM AND M.Y. EQBAL, JJ.] Penal Code, 1860 - ss. 376, 302, 302 rlw 201 and 506 - Rape followed by double murder - Allegation that appellant C struck a blow with 'poorikatai' on the head of his sister-in-Jaw due to which she fell unconscious and then he had sexual intercourse with her and thereafter, he attacked her 13 months' old daughter on which she also became unconscious - Appellant-accused then allegedly caused death of his sister- D in-Jaw and her daughter by pouring kerosene and setting them t;Jn fire - Conviction of appellant-accused alongwith sentence of life imprisonment - Justification - Held: Justified - Extra- judicial confession by appellant to PW-2 rightly accepted by trial Court as same was within the parameters of law and E withstood the test of reasonableness and credibility - Evidence of PWs 2 & 3 made it clear that appellant had the motive, namely, he had a lustful eye towards his sister-in-law, which was proved beyond doubt - Since she refused to accede to the wish of appellant, he forcibly raped her - Evidence of PWs F 1,2 and 3 amply proved various circumstances as pleaded by the prosecution - Prosecution established all the links including the fisting of the child and laying her nearby the sister-in-law of appellant when she became unconscious and thereafter, bu ming both of them to death by pouring kerosene G - Likewise, prosecution also proved the other circumstances, namely, threat to PW-2 with dire consequences and making her to speak to PW-1 over phone impersonating the deceased, to make it a suicidal case - Not only appellant had the knowledge that he had committed the heinous crime but H 434 KUMAR v. STATE OF TAMIL NADU 435 he also caused disappearance of evidence and had the A intention to screen the offence by burning the body of his sister-in-law and her child - Reports submitted by the Scientific Officers, viz., PWs 11and16, coupled with the post mortem certificate and the evidence of Medical Officer, established beyond doubt that it was a clear case of murder.. B .. - Overall assessment of evidence of prosecution witnesses clearly established the circumstances against the accused in a cogent manner. Evidence - Confession - Extra-judicial Confession - When can be relied upon - Held: If extra-judicial confession is C voluntary and made in a fit state of mind, it can be relied upon along with other materials. The prosecution case was that the appellant-accused intended to rape his sister-in-law and, on the fateful day, D when she was alone, he attempted to have sexual intercourse with her; that when she resisted him, he struck a blow with 'poorikatai' on her head due to which she fell unconscious. Taking undue advantage of her condition, the appellant-accused had sexual intercourse E with her. Immediately thereafter, he attacked her 13 months' old daughter on account of which she also became unconscious. The further case of the prosecution was that the appellant-accused with the intention of causing disappearance of evidence and in order to show F it a suicidal case, caused death of his sister-in-law and her daughter by pouring kerosene and set them on fire. The appellant-accused arranged kerosene for the same from PW-2 • a neighbour, on the pretext of cleaning a machine. He also narrated the whole incident to her and G even threatened her to give a call to PW-1 (the brother of the deceased) impersonating the deceased, which she did. The trial court, primarily placing reliance upon the extra-judicial confession made to PW-2, convicted the H 436 SUPREME COURT REPORTS [2013] 6 S.C.R. A appellant-accused under Sections 376, 302, 302 read with 201 and 506 IPC and sentenced him to undergo imprisonment for life. The High Court confirmed the conviction and sentence, and therefore the instant B appeal. Dismissing the appeal, the Court HELD: 1.1. The law is well settled as to what extent extra-judicial confession can be relied on. If the same is voluntary and made in a fit state of mind, it can be relied C upon along with other materials. Extra-judicial confession Is a weak type of evidence and depends upon the nature of circumstances llke the time when the confession was made and the credibility of the witnesses who speak to such a confession. [Para 8] [446-C-D] D 1.2. In the instant case
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