SANTOSH KUMAR SINGH versus STATE OF MADHYA PRADESH

Citation: [2014] 7 S.C.R. 928 · Decided: 03-07-2014 · Supreme Court of India · Bench: H.L. DATTU · Disposal: Case Partly allowed

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Judgment (excerpt)

A 
B 
[2014] 7 S.C.R. 928 
SANTOSH KUMAR SINGH 
v. 
STATE OF MADHYA PRADESH 
(Criminal Appeal Nos.410-411 of 2012) 
JULY 03, 2014 
[H.L. DATTU, SUDHANSU JYOTI MUKHOPADHAYA 
AND M.Y. EQBAL, JJ.] 
Penal Code, 1860 - s. 302, 307, 394, 397 and 450 -
C 
Conviction and sentence under - Accused assaulting the 
lady, her daughters and her son with iron hammer -
Thereafter, looting gold jewellery and cash - As a result qf 
assault, the lady and f1er son succumbed to their injuries and 
daughters grievously injured - Conviction and sentence u/ss. 
o 302, 307, 394, 397 and 450 by courts below - Justification of 
- Held: Death of the lady and her son homicidal in nature -
No contradiction in the statement of independent witnesses 
to memorandum of seizure - Jewellery looted by accused 
identified by family members - Daughters-injured witnesses 
E clearly stated the incident - Prosecution proved beyond 
reasonable doubt that prior to the incident accused known to 
deceased and injured witnesses and on the date of the 
incident accused had come to their house - Statements made 
by the injured witnesses corroborated by the postmortem 
F report, seizure of jewellery, hammer, blood stained clothes -
Accused given an opportunity to defend by the counsel of his 
choice - However, death sentence awarded to the accused 
disproportionate on the facts and circumstances of the case 
- Death penalty commuted to life imprisonment - Conviction 
G and rest part of the sentence upheld. 
H 
According to the prosecution case, the accused was 
known to the family of 'GM' including his wife 'N' and son 
'JA' and daughters 'R'-PW3 and 'P'-PW4. On the fateful 
928 
SANTOSH KUMAR SINGH v. STATE OF M.P 
929 
day, accused came to the house of 'N' and had a chat for A 
half hour. Daughters of 'N' witnessed the same. After 
some time accused came back and hit PW3 and PW4, 'N' 
and 'JA' with iron hammer and thereafter, looted EfOld 
jewellery and cash from the house of 'GM'. 'N' and ~JA' 
succumbed to their injuries. PW3 and PW4 suffered 
B 
injuries grievous in nature. FIR was registered. Accused 
was arrested. Cash was recovered from the accused. 
Thereafter, stolen articles, iron hammer and blood stained 
clothes were recovered from the house of the accused. 
The death of 'N' and 'JA' was homicidal in nature. Trial c 
court held the accused guilty and convicted him for the 
offences u/s 302, 307, 394, 397 and 450 IPC and 
sentenced accordingly. The High Court upheld the order. 
Hence, the instant appeal. 
Partly allowing the appeals, the Court 
D 
HELD: 1.1. From the inquest memorandums and the 
evidence of Sub-Inspector, PW-12 and constable PW-15, 
who conducted inquest, it was established that 'N' and 
'JA' died of homicidal injuries found on their bodies. 
E 
[Para 11] [938-E-F] 
1.2. PW.6 and PW-7 are the independent witnesses 
of the memorandum of seizure. In their statement they 
deposed that the police arrested the accused in their 
presence and seized about Rs. 23,000/-from him and the 
F 
accused was brought to the Police Station for inquiry. At 
the Police Station the accused disclosed about the 
jewellery, hammer an_d clothes, on the basis of which 
jewellery, hammer and clothes were seized. Both the 
witnesses ther.eby have corroborated the statement of G 
PW-11. During the cross-examination both the witnesses, 
PW-6 and PW-7 admitted that they visited the house of 
'GM'. There is no infirmity or contradiction in the 
statements of the two witnesses. [Para 13] [939-C-D] 
H 
930 
SUPREME COURT REPORTS 
[2014] 7 S.C.R. 
A 
1.3. PW-9 stated that at the request of the Police he 
conducted identification of the jewellery and prior to the 
identification police had handed over other jewellery in 
a sealed packet. He mixed it and then conducted the 
identification and during the identification 'GM' and PW4 
B had identified the original jewellery. After identification he 
had handed over the jewellery in a packet to the Police 
who were standing outside the stadium. (Para 14] (939-
E-F] 
1.4. PW-3 and PW-4, daughters of deceased 'N' and 
C sisters of deceased 'JA' are the injured eyewitnesses; 
both of them received serious injuries at the incident. 
From the statements of both the witnesses, PW-3 and 
PW-4 the facts of the accused coming to their house 
before the incident, taking refreshment with deceased 'N' 
D and talking with her are proved, which is also 
corroborated from the FIR. Both these witnesses also 
stated that in the past the accused

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