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2000 Supreme(SC) 1411

K.T.THOMAS, R.P.SETHI
State Of W. B. – Appellant
Versus
Mir Mohammad Omar – Respondent


Judgement Key Points

What is the core issue in the conviction under Section 364/34 IPC for abduction for murder? What is the role of Section 106 and Section 114 Evidence Act in drawing inferences about the murder in this case? What is the correct approach to appellate and trial court remarks about investigation, as discussed by the Supreme Court in this judgment?

Key Points: - (!) The Court confirms abduction for the purpose of murder as the basis for Section 364 IPC conviction. - (!) Abduction must be proven to be for murdering the victim; if murder did not take place, abduction with that objective still completes the offence. - (!) The Court holds that the accused abducted Mahesh with the intent to murder him and were properly convicted under Section 364/34 IPC. - (!) The pristine rule of burden of proof cannot be treated pedantically; presumption under Section 114 Evidence Act can be used where facts prove reasonable inferences of other facts. - (!) Section 114 permits inferring existence of a fact from proved facts; the inferences must be reasonable and relate to the facts established. - (!) Once abduction and proximity to death are proven, inference that the abductors killed him is permissible unless explained by the accused. - (!) Proximity in time and place, plus the proclaimed intention, supports deduction that death was caused by the abductors. - (!) Courts should avoid castigating investigating officers if not necessary; deprecatory remarks are only when absolutely necessary. - (!) On appeal, conviction under 364/34 is upheld; six accused convicted of 302/34 and sentenced to life; sentences run concurrently. - (!) Directs jail placement for ongoing sentences.

What is the core issue in the conviction under Section 364/34 IPC for abduction for murder?

What is the role of Section 106 and Section 114 Evidence Act in drawing inferences about the murder in this case?

What is the correct approach to appellate and trial court remarks about investigation, as discussed by the Supreme Court in this judgment?


JUDGMENT

Thomas, J.-A young businessman of Calcutta was abducted and killed. The kingpin of the abductors and some of his henchmen were later nabbed and were tried for the offences The trial Court convicted them under Section 364 read with Section 34 of the Indian Penal Code, but not for murder, and sentenced them each to rigorous imprisonment for 10 years. A Division Bench of the Calcutta High Court rejected the State appeal against the acquittal for murder and reduced the sentence to a short term imprisonment restricting it to the period which the convicted persons had already undergone. The State of West Bengal as well as the convicted persons filed these appeals against the said decision of the Calcutta High Court, the former mainly challenging the acquittal for murder charge and the latter challenging the very conviction entered against them.

2. Narration of Material facts of this case, in a brief manner is necessary before considering the contentions raised. The victim of the offence was one Mahesh Kumar Aggarwal ( Mahesh for short). He was doing some small business at Bow Bazar area (Calcutta). He was a bachelor aged 29 and he was residing with his sister Anushila Devi (PW-9)
















































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