STATE OF MAHARASHTRA versus DAMU AND ORS.

Citation: [2000] 3 S.C.R. 880 · Decided: 01-05-2000 · Supreme Court of India · Bench: K.T. THOMAS · Disposal: Appeal(s) allowed

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

Judgment (excerpt)

A 
STATE OF MAHARASHTRA 
~-
v. 
DAMU AND ORS. 
MAY I, 2000 
B 
[K.T. THOMAS AND D.P. MOHAPATRA, JJ.] 
Penal Code, 1860 : 
.J..-
Ss. 302134, 120B and 364-Abduction and murder of infant children-
c 
Circumstantial evidence-Confessional statement of an accused-Testimony of 
a child who miraculously escaped ftvm the abduction attempt-Recovery of 
articles-Conviction and sentence by Trial Court-On appeal, High Court 
disbelieving the confessional statement and testimony of child witness, acquit-
ting the accused-Validity of-Held, the circumstances in the case, sufficiently 
l.-
establish that pursuant to a criminal conspiracy, accused committed abduction 
D 
and murder of children-High Court erred in acquitting the accused persons by 
side-stepping each one of the circumstances established by the prosecution-
Conviction passed by Trial Court upheld-Criminal Procedure Code, 1973, S. 
164-Evidence Act, 1872-Ss. 27, 30 & 10. 
Section 302134 : 
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E 
Sentence-Death sentence-Award of-Rarest of rare cases-Abduction 
and murder of children on a superstitions belief of unearthing hidden treas-
ure-Children not abducted and killed for ransom or for vengeance or for 
committing robbery-Held, though the acts of accused were horrendous but 
F 
since it was committed due to utter ignorance, nonnal punishment prescribed 
for murder would serve the ends of justice-Thus, death sentence converted to 
'"'t( 
imprisonment for life. 
Criminal Procedure Code, 1973: Section 164. 
.
G 
Confessional statement-Recording of-Police influence-Precautions 
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to be taken by Magistrate-Held, Magistrate should not record the confession 
until a lapse of such time till the fear of police is completely extricated from the 
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mind of accused. 
Confessional statement-Recording of-Police influence-Police Sta-
H 
tion situated adjacent to sub-jail-Effect of-Held, not sufficient to infer that 
880 
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STATE v. DAMU AND ORS. 
881 
there was police control over the accused. 
Confessional statement-Recording of-Magistrate from a distant place 
recording the statement-Effect of-Held, not sufficient to vitiate the confes-
sional statement. 
A 
S. 162-Confessional Statement-Recording of-Sources from where the 
B 
Investigation Officer came to know that the accused was desiring to confess-
Held, not obliged to disclose. 
Criminal Tlial: 
Cricumstantial evidence-Murder-Recovery of an article on the infor-
C 
mat ion supplied by the accused-Blood found sticking on the outer side of the 
said a11icle-Subsequent denial of recove1y of 011icle by the said accused-
Held such denial is sufficient to pmvide missing link in the chain of circum-
stances-Criminal Pmcedure Code, 1973 S. 313. 
Witnesses-Child witness-Reliability of-Abduction and murder-Mi-
nor incidents relating to past-Revival of-Held, it is possible to revive if the 
consequences of the incidents is told to the child. 
Evidence Act, 1872 : 
S. 27-Doctrine of Confi1mation by subsequent events-Statement by 
accused that dead body was cmTied in a mot01r:ycle and thrown in the canal-
Recovery of a piece of glass fmm the spot found to be a pa11 of the motorcycle-
Held, it can be inferred that the body was carried by the accused in the 
moto1r:ycle-Info1mation supplied by the accused admissible in evidence. 
S. 10-Confessional statement by an accused-Relevancy of against co-
accused-Criminal conspiracy to abduct and murder-Confessional statement 
by an accused disclosing common intention of conspirators-Held, usable 
against the co-accused also. 
Accused-Respondents were prosecuted for offences under Sections 
302/34, 120-B and 364 of the Penal Code. According to the prosecution, 
accused persons abducted and killed children for human sacrifice on the 
belief of unearthing hidden treasure. However, one 'S' (PW 31), aged 
about 5 or 6 years escaped from the abduction attempt twice and narrated 
the incidents before the court which was duly corroborated by his father 
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882 
SUPREME COURT REPORTS 
[2000] 3 S.C.R. 
A 
(PW 30). On arrest A-4 made a confessional statement (Exh.38) before 
PW 19, Judicial Magistrate. Trial Court believing the said confessional 
statement as voluntary and true and relying upon the testimony of 'S' 
(P'V 31) convicted and sentenced the accused to death. However, on 
appeal, High· Court disbelieving the confessional statement on flimsy 
B 
, 
c 
D 
E 
grounds and also rejecting the testimony of 'S' on the ground that it 
would not have been possible for a child of his a

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