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2010 Supreme(Cal) 1151
High Court of Judicature at Calcutta
ASHIM KUMAR BANERJEE & RAGHUNATH RAY
Md. Siddique Ali Sardar (In Jail)
Versus
The State of West Bengal
CRA NO. 64 OF 2004
Decided On : 06-09-2010
For the Appellant:Mrs. Ratna Ghosh, Advocate.
For the Respondent:R.K. Ghosal, Mrs. Minati Gomes, Advocates.
Extra-judicial confessions made by an accused person are admissible in evidence if they are voluntary and made in a fit state of mind. The recovery of incriminating articles pursuant to a disclosure statement made by an accused person is admissible in evidence if the statement is true and worthy of credence. The prosecution must prove the guilt of the accused beyond reasonable doubt by establishing a chain of circumstances that is complete and points to the guilt of the accused. A co-accused cannot be convicted solely on the basis of the extra-judicial confession of another accused unless there is independent evidence to corroborate the confession.
Headnote:
Md. Siddique Ali Sardar - [DECAPITATION OF WIFE] - [302/201 IPC] - The Court convicted the appellant under section 302 IPC for decapitating his wife Fatema Bibi. The Court relied on extra-judicial confessions made by the appellant before several witnesses, the recovery of the severed head and headless body of the victim, and the medical evidence to establish the guilt of the accused. The Court held that the appellant's act of decapitating his wife with a sharp weapon like a chopper fell within the ambit of section 302 IPC, as it was done with the intention of causing her death or with the knowledge that the injuries would cause instantaneous death. The Court also acquitted the co-accused Hannan Molla, as the prosecution failed to establish his involvement in the crime beyond reasonable doubt.
Fact of the Case:
Fatema Bibi, a young woman, was decapitated by her husband, Md. Siddique Ali Sardar, in a gruesome murder. The appellant took Fatema from her parental home on the pretext of visiting relatives but returned alone the following day. Upon being confronted by Fatema's parents and villagers, the appellant confessed to killing her and led the police to the severed head and headless body of the victim. The police also recovered the murder weapon, a chopper, from a ditch.
Finding of the Court:
The Court found that the appellant had a love affair with the victim, Fatema Bibi, and they were married against the wishes of her parents. The appellant took Fatema from her parental home on the pretext of visiting relatives but returned alone the following day. Upon being confronted by Fatema's parents and villagers, the appellant confessed to killing her and led the police to the severed head and headless body of the victim. The police also recovered the murder weapon, a chopper, from a ditch.
Issues: 1. Whether the extra-judicial confessions made by the appellant were admissible in evidence. 2. Whether the recovery of the severed head and headless body of the victim, along with the murder weapon, was legally valid. 3. Whether the prosecution proved the guilt of the appellant beyond reasonable doubt. 4. Whether the co-accused, Hannan Molla, was also guilty of the crime.
Ratio Decidendi: 1. The Court held that the extra-judicial confessions made by the appellant were admissible in evidence as they were voluntary and made in a fit state of mind. The Court relied on the principles laid down in Kusuma Ankama Rao vs. State of A.P. (2008 Cr. L.J. 3502) to determine the trustworthiness of the confessions. 2. The Court held that the recovery of the severed head and headless body of the victim, along with the murder weapon, was legally valid as it was made pursuant to the appellant's disclosure statement under section 27 of the Evidence Act. The Court relied on the principles laid down in Suresh Chandra Bahri, Appellant Vs. State of Bihar, Respondent (AIR 1994 SC 2420) and State of Maharashtra, Appellant Vs. Damunath Sinda & others, Respondent (AIR 2000 SC 1691) to determine the admissibility of the evidence. 3. The Court held that the prosecution proved the guilt of the appellant beyond reasonable doubt by relying on the extra-judicial confessions, the recovery of the severed head and headless body of the victim, and the medical evidence. The Court held that the chain of circumstances established by the prosecution was complete and pointed to the guilt of the accused. 4. The Court acquitted the co-accused, Hannan Molla, as the prosecution failed to establish his involvement in the crime beyond reasonable doubt.
Final Decision: The Court convicted the appellant, Md. Siddique Ali Sardar, under section 302 IPC for the murder of his wife, Fatema Bibi, and sentenced him to life imprisonment. The Court acquitted the co-accused, Hannan Molla, as the prosecution failed to establish his involvement in the crime beyond reasonable doubt.
RAGHUNATH RAY, J.
Introduction
1. This is a heart rendering tale of a teenaged young girl being enamoured with her private tutor’s amorous advances entered into a marital relationship which culminated in young wife’s horrendous decapitation by her ruthless husband. This horrifying cannibalistic action of a human being of a civilized society reminds us of the primitive savages of pre-historic age.
The First Information Report
2. The FIR initially lodged by Md. Imam Ali Molla, PW1, the wretched father of Fatema Bibi, aged 18 years since deceased before the Officer – in – charge Bhangore PS was forwarded to the Officer – in – charge, Sonarpur G.R.P.S. on the question of jurisdiction for starting a case u/s 302/201 IPC vide Bhangore PS G.D. Entry No. 611 dt. 14.06.1998. It reveals that on 12.05.1998 in the afternoon his son-in-law Md. Siddique Ali, the appellant, accompanied by his Bonai (sister’s husband) Hannan Molla had been to his house and took Fatema, the unfortunate victim with them on the plea of visiting the houses of their relatives. On his return on the following day i.e. on 13.06.1998 when the informant did not find his daughter with his son-in-law, he made queries. The appellant responded by saying that she had been left in his relative’s house. A thorough search for the victim was found abortive and the victim remained untraceable. On persistent interrogation truth came to light and it was disclosed inter alia that his daughter was killed besides the railway track, near Taldi Railway Station and her decapitated head was buried in a ditch by the side of the railway track. On receipt of the said FIR on 14.06.1998 at 9-45 hours Sonarpur G.R.P.S. Case No. 7/98 dated 14.06.1998 under section 302/201/34 IPC was started against the appellant and his relation Hannan Molla. The Sonarpur G.R.P.S. U.D. Case No. 34/98 dated 13.061998 was tagged with the said Sonarpur G.R.P.S. Case and was endorsed to S.I. S. K. Pramanik for investigation.
Investigation
3. In course of investigation the I.O. visited the P.O. at Alakulia village and recorded the statement of Imam Ali Molla and other witnesses under section 161 Cr.P.C. The severed head of the victim together with the incriminating chopper was recovered from a ditch situated to the east of Taldi railway station in between K.M. post No. 40/3 & 40/4 in the presence of the police and villagers as per showing of the appellant. The Inquest of the said head and trunk was also held by the police officers separately and the same were sent subsequently for PM Examination. The trunk was lying in between the two railway tracks in unclothed condition and the said headless dead body of the victim was also recovered as per information furnished by the appellant. The I.O. collected PM Examination Reports of both the skull and trunk of the victim. On completion of investigation the charge-sheet No. 11/98 dated 30.11.98 u/s 302/201 IPC was initially submitted by the I.O. against the appellant. By filing a supplementary charge-sheet No. 1/1999 dt. 06.01.1999, the name of Hannan Molla, was incorporated therein in terms of order dated 02.12.1998 passed by the ld. Judicial Magistrate 4th Court, Sealdah in G.R. Case No. 207 (I) / 98. The said G.R. Case was committed to the Court of Sessions by the ld. Judicial Magistrate, First Class, 4th Court, Sealdah vide order dated 23.09.1999.
Heads of Charge
4. On consideration of relevant police papers coupled with other connected documents and circumstances on record, ld. Additional District and Sessions Judge, 4th Court, Alipore framed charge u/s 302/34 and 201/34 IPC against both the appellants vide order dated 28.07.2000. Both of them were asked to answer the following charge;-
‘First – That you Md. Siddique Sardar and Hannan Molla in furtherance of common intention on 12.06.98 some times in the afternoon by the side of Railway Track in between K.M. post No. 40/3 & 40/4 between Taldi & Canning Rly., Station did commit murder by intentionally causin
