on 9 May, 2011
Author: M Katju
Bench: Markandey Katju, Gyan Sudha Misra
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1117 OF 2011
@ SPECIAL LEAVE PETITION (CRL.) NO.1208 OF 2011 Bhagwan Dass .. Appellant -versus-
State (NCT) of Delhi .. Respondent(s) J U D G M E N T
Markandey Katju, J.
"Hai maujazan ek kulzum-e-khoon kaash yahi ho Aataa hai abhi dekhiye kya kya mere aage" --
Mirza Ghalib
2
1. This is yet another case of gruesome honour killing, this time by the accused-appellant of his own daughter.
2. Leave granted.
3. Heard learned counsels for the parties and perused the record.
4. The prosecution case is that the appellant was very annoyed with his daughter, who had left her husband
Raju and was living in an incestuous relationship with her uncle, Sriniwas. This infuriated the appellant as he
thought this conduct of his daughter Seema had dishonoured his family, and hence he strangulated her with an
electric wire. The trial court convicted the appellant and this judgment was upheld by the High Court. Hence
this appeal.
5. This is a case of circumstantial evidence, but it is settled law that a person can be convicted on
circumstantial evidence 3
provided the links in the chain of circumstances connects the accused with the crime beyond reasonable doubt
vide Vijay Kumar Arora vs. State (NCT of Delhi), (2010) 2 SCC 353 (para 16.5), Aftab Ahmad Ansari vs.
State of Uttaranchal, (2010) 2 SCC 583 (vide paragraphs 13 and 14), etc. In this case, we are satisfied that the
prosecution has been able to prove its case beyond reasonable doubt by establishing all the links in the chain
of circumstances.
6. In cases of circumstantial evidence motive is very important, unlike cases of direct evidence where it is not
so important vide Wakkar and Anr. vs. State of Uttar Pradesh (2011) 3 SCC 306 (para 14). In the present case,
the prosecution case was that the motive of the appellant in murdering his daughter was that she was living in
adultery with one Sriniwas, who was the son of the maternal aunt of the appellant. The appellant felt
humiliated by this, and to avenge the family honour he murdered his own daughter.
FOR MORE CLICK Bhagwan Dass vs State (Nct) Of Delhi
