Case Summary: Bhagwan Dass vs State (NCT) of Delhi
Citation: (2011) 05 SC CK 0026 | (2011) 6 SCC 396
Case No: Criminal Appeal No. 1117 of 2011 (Arising out of SLP (Crl) No. 1208 of 2011)
Date of Decision: 9 May 2011
Bench: Hon'ble Justice Markandey Katju, Justice Gyan Sudha Mishra
Final Decision: Dismissed
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=259148
Law Points Raised:
• Murder based on circumstantial evidence – sufficiency and reliability.
• Admissibility of extra-judicial confession under Section 162(1) CrPC.
• Motive in cases of honour killing and circumstantial evidence.
• Admissibility of recovery under Section 27 of Evidence Act.
• Handling of hostile witnesses and their statements in court.
Ratio Decidendi:
• Circumstantial evidence, when strong and complete, can justify conviction.
• Motive of honour killing clearly established against the accused.
• Failure to inform police, concealment of the body and preparations for last rites are incriminating.
• Extra-judicial confession to the mother, although later denied, was admissible based on Section 162 CrPC.
• Recovery of the electric wire based on the accused’s statement corroborates the prosecution’s case.
Final Ruling:
• The Supreme Court upheld the conviction of Bhagwan Dass for murdering his daughter.
• The Court confirmed that all links in the chain of circumstantial evidence were established.
• Extra-judicial confession and recovery were valid under the law.
• Honour killing is illegal and cannot be justified under any circumstances.
Relevant Paragraph Highlights:
• Para 1: Opening reference to honour killing and poetic expression by Mirza Ghalib.
• Para 4–6: Details of motive and circumstantial evidence.
• Para 8: Chain of incriminating circumstances listed in detail.
• Para 27–28: Statement of the accused’s mother and its admissibility.
• Para 45–47: Discovery of electric wire and Section 27 application.