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SUPREME COURT OF INDIA
Y.V. CHANDRACHUD, P.K. GOSWAMI AND P.N. SHINGHAL, JJ.**
Dagdu and others etc., Appellants
Versus
State of Maharashtra, Respondent.
(1) Criminal Appeals Nos. 437 and 438 of 1976:
(2) Criminal Appeal No. 441 of 1976;
Criminal Appeals No.s 437 and 438 and 441 of 1976,
D/- 19-4-1977.
Advocates Appeared
M/s. P. Naravan B. G. Kolse Patil, B. S. Bhonde and 1581 V.N. Ganpule, Advocates, for Appellants in Cri, As. Nos. 437-438 and for Respondent in Cr. A. 441/-76; Mr. V. S. Desai, Sr. Advocate, (M/s. P. P. Hudlekar and M. N. Shroff, Advocates with him), for Respondents in Cri. As. Nos. 437-438 and for the Appellants in Crl. A. No. 441/76.
Indian Penal Code,1860 – Section,120-B and Section 109 - Evidence Act - Section 133 - Commit various murders - Confirm death - Persons were put up for trial before learned Sessions Judge Parbhani for ten murders- Two out of these Ganoat Bhagoji Salve and Shankar Gyanoba Kate were tendered pardon by learned Judge and were examined in case as approvers- Accused died during trial leaving persons for consideration of question whether they had conspired to commit murders and whether murders were committed in pursuance of that conspiracy- Sessions Judge acquitted accused were convicted and Section were convicted Penal Code Accused were sentenced to death while accused were sentenced to life imprisonment Court in various forms - seven accused who were convicted by trial Court filed an appeal challenging order of conviction and sentence- Sessions court made a reference to High Court for confirmation of death sentence imposed on accused - State Government filed an appeal against acquittal of accused- It also filed an appeal Criminal Procedure Code asking that sentence of life imprisonment imposed on accused be enhanced to death- State not having challenged order of acquittal passed by Sessions Court in regard to accused that order has become final and was not in any form assailed before us as erroneous –Held, Case to corroborate sudden and instant disappearance for four days from very scene of murder being his masters field by leaving his horse tethered therein- Next having got blood stains in articles produced by accused there was no attempt to ascertain blood group of accuseds family members- In fact accused did tell court that blood stains in exhibit were from his wifes injury from axe- Again accused said that blood stains on exhibited clothes were from bleeding nose- Court have disbelieved pleas of accused but that does not redound to credit of quality or investigation of these dastardly crimes murders took place and dead bodies were lying at same field only one dead body was located and other two were not traced until next morning- If murderers could escape from barricaded area in broad day light by throwing dust in eyes of police what would have happened if other two dead bodies were removed during night beyond trace - Is this investigation with a dog-squad at command? A dog is its masters voice- Did police play true master police should remember that confession may not always be a short-cut to solution- Instead of trying "start" from a confession they should strive to "arrive" at it- Else when they are busy on this short route to success good evidence may disappear due to inattention to real clues- Once a confession is obtained there is often flagging of zeal for a full and thorough investigation with a view to establish case de hors confession- It is often a sad experience to find that on confession later being inadmissible for one reason or other case founders in court Sub-Division was completely ignorant of duties imposed on him Code of Criminal Procedure and we had to reject confessions- Under new Code such powers are exercised by a Metropolitan or Judicial Magistrate pitfalls in recording confession may be so disastrous that it may be of immense value for Magistrates to have some practical guidance from superior officers for properly discharging their function Counsel drew our attention to a very disquieting feature in attempt of police to see that accused did not get assistance of local Bar- suggestion has of course been denied by police officer- If there is any truth in this unholy move for denying proper defence to accused no matter how heinous offence it is highly obnoxious to notions of fair play and all that justice stands for- Such ideas should be banished- Orders accordingly
Judgment
CHANDRACHUD, J. (for himself and on behalf of Shinghal J.):- Five small girls about ten years of age, a year old infant and four women in their mid-thirties were found murdered between November 14, 1972 and January 4, 1974 in a village called Manwat in Maharashtra. The murders of these ten females show significant similarities in pattern and conception. The time and place chosen for the crimes, the preference for females as victims, the nature of injuries caused to them, the strange possibility that the private parts of some of the victims were cut in order to extract blood, the total absence of motive for killing these very girls and women, the clever attempt to dodge the police and then to put them on a false scent and the extreme brutality surrounding the crimes give to the case an eerie appearance. Such harrowing happenings make the task of discovering truth difficult and it is just as well to begin with Justice Vivian Boses reminder that the shocking nature of the crime ought not to induce an instinctive reaction against a dispassionate scrutiny of facts and law.
2. We have three appeals before us, all by special leave granted by this Court. Cr. A. No. 437 of 1976 is filed by accused Nos. 9 to 12. Criminal Appeal No. 438 of 1976 by accused No. 3 while Criminal Appeal No. 441 of 1976 is filed by the State of Maharashtra against the acquittal of accused Nos. 1 and 2.
3. Eighteen persons were put up for trial before the learned Sessions Judge, Parbhani for the ten murders. Two out of these, Ganoat Bhagoji Salve and Shankar Gyanoba Kate were tendered pardon by the learned Judge and were examined in the case as approvers. Accused No. 6 died during the trial leaving 15 persons for consideration of the question whether they had conspired to commit the murders and whether the murders were committed in pursuance of that conspiracy. The learned Sessions Judge acquitted accused Nos. 4, 5, 7, 8 and 13 to 16, Accused Nos. 1 and 2 were convicted under Sec. 302 read with S. 120-B and Section 109 of the Penal Code. Accused Nos. 3 and 9 to 12 were convicted under S. 302 read with S. 120-B and S. 34 of the Penal Code, Accused Nos. 1, 2 and 3 were sentenced to death while accused Nos. 9 to 12 were sentenced to life imprisonment.
4. The matter went to the Bombay High Court in various forms. The seven accused who were convicted by the trial Court filed an appeal challenging the order of conviction and sentence. The Sessions court made a reference to the High Court for confirmation of the death sentence imposed on accused Nos. 1, 2 and 3. The State Government filed an appeal against the acquittal of accused Nos. 4 and 5. It also filed an appeal under S. 377 of the Criminal Procedure Code, 1973 asking that the sentence of life imprisonment imposed on accused Nos. 9 to 12 be enhanced to death. The State not having challenged the order of acquittal passed by the Sessions Court in regard to accused Nos. 7, 8 and 13to 16, that order has become final and was not in any form assailed before us as erroneous.
5. The High Court acquitted accused Nos. 1 and 2 holding that the offence of conspiracy which formed the gravamen of the charge against them was not proved. The charge of conspiracy having failed and it being common ground that accused Nos. 1 and 2 had not taken any direct part in the commission of the murders. the High Court held that they were entitled to acquittal on all the charges. The High Court dismissed the appeal filed by accused No. 3 holding that he was responsible for the first four murders and confirmed his conviction under S. 302 read with S. 34 as also the sentence of death imposed upon him. The conviction and sentence of accused No. 3 under S. 302 read with S. 120-B was set aside by the High Court in view of its finding that the prosecution had failed to establish the charge of conspiracy. The High Court dismissed the States appeal against the acquittal of accused Nos. 4 and 5 but it allowed the appeal filed by the State for en
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