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1962 Supreme(SC) 415
SUPREME COURT OF INDIA
RAM LOCHAN AHIR
Versus
State of West Bengal
Decided on December 10, 1962
D.N.MUKHERJI, P.K.BOSH, P.K.CHAKRAVARTI
A superimposed photograph of a skeleton and a photograph of the deceased is admissible in evidence under S. 9 of the Indian Evidence Act to establish the identity of the skeleton.
Headnote:
CRIMINAL LAW - EVIDENCE - IDENTIFICATION OF SKELETON - SUPERIMPOSED PHOTOGRAPH - ADMISSIBILITY - S. 9, INDIAN EVIDENCE ACT - STATEMENT OF ACCUSED LEADING TO DISCOVERY OF SKELETON - DIRECTION TO JURY - S. 27, INDIAN EVIDENCE ACT - OFFENCE UNDER S. 302, INDIAN PENAL CODE - ACQUITTAL OF APPELLANT OF OFFENCE UNDER S. 364, INDIAN PENAL CODE - EFFECT.
Fact of the Case:
The appellant was convicted of murder under S. 302, Indian Penal Code, for killing Pancham Sukla. The body of the deceased was found in a tank, and the appellant led the police to the body after confessing to the crime. The appellant was also charged with kidnapping under S. 364, Indian Penal Code, but was acquitted of this charge by the High Court.
Finding of the Court:
The Supreme Court upheld the conviction of the appellant for murder. The court held that the superimposed photograph of the skeleton and the photograph of the deceased was admissible in evidence under S. 9 of the Indian Evidence Act to establish the identity of the skeleton. The court also held that the trial judge had correctly directed the jury on the statement of the accused leading to the discovery of the skeleton under S. 27 of the Indian Evidence Act. The court further held that the acquittal of the appellant of the offence under S. 364, Indian Penal Code, did not affect the conviction for murder under S. 302, Indian Penal Code.
Issues: 1. Whether the superimposed photograph of the skeleton and the photograph of the deceased was admissible in evidence to establish the identity of the skeleton? 2. Whether the trial judge had correctly directed the jury on the statement of the accused leading to the discovery of the skeleton? 3. Whether the acquittal of the appellant of the offence under S. 364, Indian Penal Code, affected the conviction for murder under S. 302, Indian Penal Code?
Ratio Decidendi: 1. The superimposed photograph was admissible in evidence under S. 9 of the Indian Evidence Act to establish the identity of the skeleton. The photograph was a combination of two photographs, one of the skull and one of the deceased, and it showed the shape and contour of the bones of the face underneath the face as it looked when the deceased was alive. This evidence was relevant to prove the identity of the skeleton. 2. The trial judge had correctly directed the jury on the statement of the accused leading to the discovery of the skeleton under S. 27 of the Indian Evidence Act. The judge had quoted extracts from the decisions of the Privy Council and the Supreme Court on the scope of S. 27 and had drawn the attention of the jury only to that portion of the statement of the accused which led to the discovery of the skeleton and the knife etc. 3. The acquittal of the appellant of the offence under S. 364, Indian Penal Code, did not affect the conviction for murder under S. 302, Indian Penal Code. The verdict of the jury was that the appellant was guilty of murder, and there was no suggestion that the trial judge had misdirected the jury in his charge.
Final Decision: The appeal was dismissed.
Judgment
AYYANGAR, JJ. -
( 1 ) THIS is an appeal on a certificate under Art. 134 (1) (c) against the conviction of the appellant under S. 302, Indian Penal code and the sentence for imprisonment for life passed against him for the said offence.
( 2 ) ONE Pancham Sukla was an employee under the Calcutta Port Commissioner where also the appellant was employed. Pancham attended office last on the 10th of March, 1960 and at about 5. 30 that evening he was seen in the company of the appellant. That was the last time he was seen alive and since then he has not been found. Pancham not having returned to his house his brother-in-law and another lodged a report with the police stating that pancham had been missing for the previous two days and in the said report gave a description of the missing person as well as the clothes that he wore at the time he left his residence. The fact that pancham was last seen with the appellant was stated in a further report which the brother-in-law lodged with the police on the next day 13/03/1960. The appellant was arrested on 21/03/1960 and on interrogation by the police he stated that Pancham Sukla was dead and admitted that he had buried the body of the deceased in the mud in a tank of which he gave a description. The place pointed out was searched and therefrom a human skeleton partly covered with a torn dhoti, underwear and a torn kurta in the side pocket of which was found a flag, were discovered. The appellant was also stated to have pointed out to the police in the course of further investigation that he had thrown a knife into the same tank. A search was made when not merely a knife but a shoe with a rubber sole, a human lower jaw bone etc. , were recovered. After some more investigation a complaint was laid before the Magistrates, who after enquiry committed the appellant to take his trial before the Sessions Court where he was tried with the aid of a jury.
( 3 ) THE appellant was charged with the commission of two offences: (1) under S. 364, Indian Penal Code of having abducted Pancham Sukla in order that he might be murdered, and (2) the substantive offences of having committed the murder under S. 302, Indian Penal Code. It may be mentioned that at the trial the articles recovered - the dhoti, shirt, underwear, shoe and the flag were all identified as having belonged to and being worn by the deceased when he was last seen. The jury accepted the evidence of the prosecution and returned a verdict of guilty against the appellant on both the counts. The learned Sessions Judge accepted the verdict and sentenced him to death under S. 302, Indian Penal Code and to rigorous imprisonment for life in respect of the offence under S. 364, Indian Penal Code.
( 4 ) THE appellant filed an appeal to the High Court of Calcutta and the learned Judges acquitted the appellant of the offence of kidnapping under S. 364, Indian Penal Code, but confirmed the finding of guilt as regards the offence of murder under S. 302, Indian Penal Code but reduced the sentence to imprisonment for life.
( 5 ) HAVING regard to the points which have been urged before us we do not think it necessary to canvass the grounds upon which the learned Judges set aside the verdict of guilty returned by the jury and the conviction of the appellant by the Sessions Judge in respect of the offence under S. 364, Indian Penal Code, but are concerned only with two points which have been made by learned Counsel in support of the appeal. The first point urged relates to the identification of the skeleton which was found in the tank as that of the deceased Pancham Sukla; in other words, whether there was proof that Pancham Sukla was killed or had even died. The identification of the skeleton rested on three distinct lines of evidence: (1) The statement of the appellant to the police under S. 27 of the Indian Evidence Act which led to the discovery of the skeleton; (2) The identification of the clothes, shoe etc. which were found on or near the skelet
