RANJEET SINGH @ DARA versus STATE OF MADHYA.PRADESH
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A B [2010] 11 S.C.R. 986 RANJEET SINGH @ DARA v. STATE OF MADHYA.PRADESH (Criminal Appeal No.683 of 2009) SEPTEMBER 20, 2010 [B. SUDERSHAN REDDY AND SURINDER SINGH NIJJAR, JJ.) Penal Code, 1860: s. 302 - Murder - Accused found in C a room where her step mother was lying dead with incised wounds - His clothes were blood stained and he was holding blood stained sword in his hand - Courts below arrived at a concurrent finding that the circumstances pointed guilt towards the appellant - Conviction by courts below - On appeal, held: D There was oral, medical and documentary evidence which undoubtedly connected the accused with the murder - The documents on the basis of which defence was raised that the real culprit was shielded and appellant was falsely implicated were rightly not relied upon by the courts below as the authors E of the documents were not examined - No exceptional circumstances were pointed out to enable the Supreme Court to interfere with the concurrent findings in exercise of jurisdiction under Article 136 of the Constitution - Constitution of India, 1950 - Article 136 - Evidence - Circumstantial F evidence. Constitution of India, 1950: Article 136 - Scope of interference under - Held: The powers of Supreme Court under Article 136 are very wide - However, the interference with concurrent findings of facts would only be in very G exceptional circumstances - Penal Code, 1860 - s.302. The prosecution case was that the deceased was the step mother of the appellant. She used to reside with her son, PW-11 on the first floor of the house belonging to H 986 RANJEET SINGH@ DARA v. STATE OF MADHYA 987 PRADESH her husband. One of the brother of the appellant was PW- A 12 who lived with his family on the ground floor of the same house. The appellant resided in Bhopal and was a regular visitor to the house of PW-12. On the fateful day, B the appellant came from Bhopal to Indore in his car and parked his car outside the house of PW-12 at around 11.30 a.m. He met the wife of PW-12 who asked the appellant for meal to which he replied that he would have meal with PW-12. She then went inside her room. After about 10-12 minutes, her maid PW-9 came and told that she heard screams coming from the room of the c deceased. At about 2.30 p.m., the son of the deceased came to the house to take some money from his mother. He found that the room was locked from inside. He heard the appellant talking on phone and asked him to open the door. The appellant refused to open the door. In the meanwhile, PW-12 came and he also asked the appellant to open the door. The appellant shouted that he would open the door only on the arrival of the police. When the police arrived, the_appellant opened the door and stated that he killed the deceased. He was holding blood stained sword in his hand and his clothes were blood stained. The trial Court convicted the appellant under section 302 IPC. The High Court confirmed the conviction. D E In the instant appeal, it was contended for the F appellant that he was falsely implicated and that the real culprit was being shielded. Dismissing the appeal, the Court HELD: 1. Undoubtedly, in the instant case, there was G no eye-witness account of the murder. The prosecution relied heavily on the circumstantial evidence. Both the courts below had examined the entire evidence with great care and caution and had reached the conclusion H 988 SUPREME COURT REPORTS (2010] 11 S.C.R. A that the murder was committed by none other than the appellant. The approach of the courts below was in consonance with the well established principles, since the prosecution case was based only or primarily on B circumstantial evidence. [Para 11] [995-C-D] Hanumant Govind Nargundkar v. State of M.P. 1952 SCR 1091 ยท- relied on. Rangaiah v. State of Karnataka (2008) 16 SCC 737; Ghurey /al v. State of UP (2008) 10 SCC 450; Abdulwahab C Abdulmajid Baloch v. State of Gujrat (2009) 11 SCC 625; Budh Singh v. State of UP (2006) 9 SCC 731; Rajeevan v. State of Kera/a (2003) 3 SCC 355; Oharamver & ors. v. State of U.P (2010) 4 SCC 469; Rabindra Mahto v. State of Jharkhand (2006) 10 SCC 432; Aqeel Ahmed v. State of UP D (2008) 16 SCC 372 - referred to. 2. The evidence pointing out a link of the husband of the deceased with a crime was the mention of his name by PW 10 in the report Ex.P14. This report itself E indicated that it was based on the infor
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