DARSHAN SINGHversusSTATE OF PUNJAB

742                      [2019]
              SUPREME COURT     14 S.C.R. 742
                             REPORTS                    [2019] 14 S.C.R.


A                            DARSHAN SINGH
                                      v.
                             STATE OF PUNJAB
                      (Criminal Appeal No. 1688 of 2009)
B                           DECEMBER 06, 2019
          [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
             Penal Code, 1860: s.302 – Murder – Conviction based on
      extra judicial confession – A dead body was found in a jute bag
      in the field of informant – Body was decomposed and was
C
      identified on the basis of clothes as the face was disfigured –
      Deceased was mother of accused-AS – Accused-SK was wife and
      accused-JS was son of accused-AS – Accused-DS was servant in
      their house – Prosecution case was that deceased had inherited 5
      bigha of land of her deceased son – Accused were not happy with
D     this inheritance – Out of this land, deceased had sold 1 bigha and
      given the remaining 4 bighas on lease to accused-AS @ Rs.4000
      per bigha – However accused-AS was not paying the lease amount
      to her – Panchayats were also convened over this dispute – PW-
      16 was witness of extra-judicial confession – Trial court acquitted
      accused-AS but convicted the other three accused on the basis of
E
      evidence of PW-16 and investigating officer – High Court upheld
      conviction – On appeal, held: Appellants were not found in the
      village soon after the occurrence as deposed by PW-13, the son-
      in-law of the deceased and the investigating officer – They also
      did not attend the cremation or the prayer ceremony which was
F     held after one week – The conduct of the accused of not being
      available in the village was a strong circumstance – As per
      postmortem report, the Dupatta around the neck of the deceased
      had two turns which is unusual for a woman, more so, for a woman
      of the age of deceased – The argument that no ligature mark was
      found on the deceased is of no relevance as the body was infected
G
      with maggots and the ligature mark on the soft tissue would not
      have survived – Furthermore, the bottle of acid was recovered on
      the basis of disclosure made by accused-SK – The photographs
      of body showed disfigurement of face which was caused by
      pouring of acid with intention to avoid identification – Accused-
H     DS was convicted on the basis of extra-judicial confession made
                                       742
           DARSHAN SINGH v. STATE OF PUNJAB                         743


before PW-16 that he had given a chair blow on the flank of the     A
deceased – The postmortem report showed fracture of Hyoid bone,
an irregular wound over the left breast and fracture of ribs –
Further, accused-DS had also disclosed that he had kept concealed
a folding iron chair in house of accused-AS, the said chair was
recovered – Prosecution proved the chain of circumstances to hold
                                                                    B
the appellants guilty of the offences charged.
     Dismissing the appeals, the Court
      HELD: 1. The deceased inherited share of land of her son
who had passed away in 2003. Out of the 5 Bighas of land so
inherited, she sold 1 Bigha for Rs.1,02,000/- whereas she leased    C
the remaining 4 Bighas to her other son, ‘AS’ (accused). The
lease money was not being paid to her and this fact was stated
by Sarpanch (PW-11) and also by PW-13, the son-in-law of the
deceased. The lease money was the only source of survival of
the old woman who was living in a separate room and not with
her son, ‘AS’. Sarpanch (PW-11) also deposed that only a sum        D
of Rs.1,000/- was paid with a promise to pay another sum of
Rs.1,000/- later. [Para 20] [752-H; 753-A-B]
      2. The appellants were not found in the village soon after
the occurrence as deposed by PW-13, the son-in-law of the
deceased and investigating officer (PW-15). They also did not       E
attend the cremation or the prayer ceremony which was held after
one week. The conduct of the appellants of not being available
in the village is a strong circumstance of their conduct post
death. [Para 22] [753-C-D]
      3. The postmortem report indicated fracture of Hyoid          F
bone. As per postmortem report, the Dupatta around the neck
of the deceased had two turns which is unusual for a woman,
more so, for a woman of the age of deceased. The argument that
no ligature mark was found on the deceased is of no relevance
as the body had been infected with maggots. Therefore, the          G
ligature mark on the soft tissue would not have survived.
Furthermore, the bottle of acid was recovered on the basis of
disclosure made by accused ‘SK’. The photographs that were
taken showed disfigurement of the face of the deceased. Such
disfigurement was caused by pouring of acid with intention to
avoid identification of the dead body. Although the witness (PW-    H
744           SUPREME COURT REPORTS                    [2019] 14 S.C.R.


A     14) of last seen could not identify the appellants, but the fact
      remains that he identified that a jute bag was thrown by a man
      and a woman who came on a TVS Motorcycle. Therefore, even
      though the witness could not identify the appellants in court as
      the persons who had thrown the jute bag, the fact that the jute
      bag was thrown by a man and a woman on a TVS motorcycle is
B
      relevant in chain of events in support of the prosecution case.
      [Paras 23-25] [753-D-H]
            4. ‘DS’ (accused) who was servant in the house of ‘AS’ was
      convicted on the basis of extra-judicial confession made before
      PW-16. In the extra-judicial confession, he had deposed that
C     he gave a Kursi (Chair) blow on the flank of the deceased. The
      postmortem report showed fracture of Hyoid bone, an irregular
      wound over the left breast and fracture of the 6th and 7 th rib.
      Therefore, the extra-judicial confession made by ‘DS’ was also
      supported by medical evidence. Further, ‘DS’ had also disclosed
D     that he had kept concealed a folding iron chair in house of ‘AS’,
      the said chair was recovered. The prosecution has proved the
      chain of circumstances to hold the appellants guilty of the
      offences charged. [Para 26] [754-B-C]
           Ajay Singh v. State of Maharashtra (2007) 12 SCC
E          341 : [2007] 7 SCR 983 ; S. Arul Raja v. State of Tamil
           Nadu (2010) 8 SCC 233 : [2010] 9 SCR 356 ; Sharad
           Birdhichand Sarda v. State of Maharashtra (1984) 4
           SCC 116 : [1985] 1 SCR 88 ; Devi Lal v. State of
           Rajasthan 2019 SCC OnLine 39 ; Ram Lal v. State
           of Himachal Pradesh 2018 SCC OnLine SC 1730 -
F          referred to.
                           Case Law Reference
      [2007] 7 SCR 983                referred to          Para 15
      [2010] 9 SCR 356                referred to          Para 15
G     [1985] 1 SCR 88                 referred to          Para 16
            CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
      No. 1688 of 2009.
           From the Judgment and Order dated 19.02.2009 of the High
      Court of Punjab & Haryana at Chandigarh in Criminal Appeal No.
H     612-DB of 2007
             DARSHAN SINGH v. STATE OF PUNJAB                                 745


      With                                                                    A
      Criminal Appeal No. 1690 of 2009.
       D. P. Singh, Ms. Sonam Gupta, Ms. Ishita Jain, Sanjay Jain, Advs.
for the Appellant.
     Ms. Jaspreet Gogia, Ms. Mandakini Singh, Ms. Ashima Mandla,              B
Ms. Anupriya, Advs. for the Respondent.
      The Judgment of the Court was delivered by
      HEMANT GUPTA, J.
       1. The judgment and order dated 19th February, 2009 passed by
                                                                              C
the Division Bench of the High Court of Punjab & Haryana in an appeal
filed by the three appellants is subject matter of challenge in the present
appeals. It is admitted at Bar that the appellant Swaran Kaur died during
pendency of the present appeals after she was released on bail by this
Court on 4th October 2010.
                                                                              D
       2. An FIR was lodged by Jarnail Singh (PW-7) on 28th March,
2005 at 12:35 pm. He was the member of Nagar Palika, Morinda and
had taken 7 Bigha of land on lease from Pritpal Singh, Mohan Singh
sons of Khushal Singh on which he had sown wheat crop. He had also
taken 7 Bigha of land on lease from Faqir Chand where again he had
sown wheat crop. He stated that the wheat in the land of Faqir Chand          E
is of small size but the wheat in the land of Pritpal Singh was 2½ feet
in height. He further stated that at about 10:30 am in the morning on
that day, he along with Mohinder Singh Lamberdar (Village Headman)
and Hari Pal had gone to his field but noticed a foul smell emanating
from the land of Pritpal Singh near dump of wheat husk. He noticed a
                                                                              F
jute bag with maggots around it and suspected it to be a dead body of
a man or a woman. The land was near the bye-pass that was frequented
by people, however, it was lying closed because of rains. He left Hari
Pal and Mohinder Singh Lamberdar at the spot and went to report the
matter to the Police. Such statement was recorded by Balwant Singh,
SHO who later appeared as PW-15. The investigations were initiated,           G
dog squad and finger print experts were called at the spot. Case was
registered against unknown persons. Copy of FIR was sent to the
concerned Magistrate.
      3. On examination of the body in the inquest proceedings
(Ex.PL), one telephone diary, a plastic bag, a jute bag and ladies wearing    H
746                SUPREME COURT REPORTS                    [2019] 14 S.C.R.


A     cloth were found. The body was found to be decomposed and could
      not be identified. A Dupatta was found around the neck. The
      postmortem was conducted on 30th March, 2005. The dead body was
      identified by Ujjagar Singh and Kuldeep Singh (PW-13).
             4. Dr. Harbhajan Singh (PW-6) along with Dr. Navtejpal Singh
B     and Dr. Gulshan conducted the postmortem and gave their report
      (Ex.PG). The Dupatta was found wrapped around the neck with two
      turns. No ligature mark was found present but skin over the Hyoid bone
      taken for Histopathological examination. The underlying Hyoid bone was
      found fractured. The probable time of death was 10 days between death
      and postmortem examination. The chemical examination report (Ex.PH)
C     stated that Aluminum Phosphide Insecticide was detected in the samples
      containing parts of small and large intestine of the deceased. Phosphine,
      a constituent of Aluminum Phosphide, was detected in decomposed
      pieces of liver, spleen and kidney. Dr. Harbhajan Singh on the request
      of the police opined that the cause of death is poisoning due to Aluminum
D     Phosphide Insecticide, haemorrhage and haemo-thorax due to injury in
      the left chest as described in the postmortem report.
             5. After completion of the investigations including recording of
      the statement of the witnesses under Section 161 of the Code of Criminal
      Procedure, 19731, accused Avtar Singh, Jagmohan Singh, Swaran Kaur
      and Darshan Singh were made to stand trial. The deceased, Surjit Kaur,
E     was mother of accused Avtar Singh. Swaran Kaur is wife and Jagmohan
      Singh is son of Avtar Singh. The accused Darshan Singh was a servant
      at Avtar Singh’s house.
             6. The prosecution story is that Surjit Kaur (deceased) had
      inherited 5 Bigha of land of Gurmit Singh (other son of deceased) who
F     died issueless and accused Avtar Singh, Jagmohan Singh and Swaran
      Kaur were not happy with this inheritance. Out of this land, she sold 1
      bigha and gave the remaining 4 bighas on theka (lease) to accused
      Avtar Singh at the rate of Rs.4,000/- per bigha. However, Avtar Singh
      had not been paying the lease amount to her. Panchayats had also been
      convened over this dispute, where the four accused threatened the
G
      deceased.
            7. The learned Sessions Judge vide judgment and order dated
      23rd May, 2007/26th May, 2007 acquitted Avatar Singh but convicted
      Jagmohan Singh, Swaran Kaur and Darshan Singh.
      1
H         for short, ‘Code’
            DARSHAN SINGH v. STATE OF PUNJAB                                747
                  [HEMANT GUPTA, J.]

       8. The prosecution relied upon PW-7 Jarnail Singh, on whose          A
statement the prosecution process was initiated. He deposed that the
investigating officer had recovered one small diary from the inner pocket
of undershirt of the deceased which had some telephone numbers and
was taken in possession vide memo Ex.PM. PW-8 Jagtar Singh, a milk
man, deposed that he kept some acid with him for checking the fat of        B
milk. He further stated that accused Swaran Kaur had come to him to
get some acid to clean the rust on a cooking vessel and a toilet seat.
She took ½ a bottle of acid from him. PW-10, Sohan Singh Patwari,
had produced the record of the land of Gurmit Singh inherited by the
deceased. He produced mutation Ex-PR and Jamabandi Ex.PS. PW-
11 is Harpal Singh, the Sarpanch of Village Sahauran. He deposed that       C
the deceased came to him on 15th March, 2005 with a grievance that
Avtar Singh had not been paying lease money to her and he should
facilitate the payment. He requested Avtar Singh and Swaran Kaur to
give the lease money to Surjit Kaur and they promised to give the lease
money of Rs.2000/- by 20th March, 2005. He later got to know that           D
Surjit Kaur had died.
       9. The material witness is Kuldeep Singh (PW-13), son-in-law
of the deceased, married to Gurnam Kaur, daughter of Amar Singh
about 36 years back. He stated that his mother-in-law Surjit Kaur has
been residing in a room (Chaubara). Out of 5 bighas of land, she had        E
sold 1 Bigha of land for Rs.1,02,000/-. Out of sale consideration,
Rs.95,000/- was deposited by her in the Post Office. The remaining 4
Bigha of land was given on lease to Avtar Singh at the rate of Rs.4,000/
- per Bigha. Since, Avtar Singh was not paying lease money, there were
differences between mother and son. He deposed that in the month of
                                                                            F
March, 2005, Swaran Kaur, daughter-in-law of the deceased informed
him that Surjit Kaur had left after taking Rs.1,000/- from them towards
lease money. It was on 29th March, 2005, he received a telephone call
and also read in the newspaper that a dead body was found. He
identified the dead body of his mother-in-law which was kept in the
mortuary. He alleged that she has been murdered by Avtar Singh, his         G
wife Swaran Kaur, his son Jagmohan Singh and one Darshan Singh.
       10. Sukhdev Singh (PW-14) has been examined as a person of
last seen. He deposed that on 22nd March, 2005 at about 5:30 am, one
man and one woman came on TVS Motor Cycle and they were
carrying a gunny bag. He did not identify the accused in Court. He          H
748            SUPREME COURT REPORTS                       [2019] 14 S.C.R.


A     read in the newspaper on 28th March, 2005 that a dead body was lying
      on by-pass road.
             11. The investigating officer Balwant Singh was examined as
      PW-15. He deposed that on 29th March, 2005, Kuldeep Singh (PW-
      13) and Ujjagar Singh, son-in-laws of the deceased identified the dead
B     body from clothes as the face was disfigured by pouring acid. Kuldeep
      Singh and Ujjagar Singh had named the accused as suspects. Thereafter,
      the Investigating Officer conducted the raids for arresting the accused.
      He stated that the accused could not be traced in village Sahauran and
      other places. Thereafter, on 30th March, 2005, Bhupinder Singh (PW-
C     16) brought the accused Darshan Singh, Jagmohan Singh and Swaran
      Kaur and got their statements recorded. He arrested the accused.
      Further, accused Swaran Kaur made a disclosure in police custody that
      she had kept concealed half empty bottle of acid in her house behind a
      photo on a shelf and could get the same recovered. The said acid bottle
      was recovered. On 31st March, 2005, he arrested accused Avtar Singh
D     in a raid conducted in Village Sahauran. Further, on 1st April, 2005,
      accused Jagmohan Singh gave a disclosure statement that he has kept
      concealed his TVS Motor Cycle in a room and he could get it recovered.
      Thereafter, accused Darshan Singh disclosed that he had kept a folding
      iron chair concealed in the house of Avtar Singh and he could get it
E     recovered. Both the TVS Motor Cycle and folding iron chair were
      recovered from the disclosed places and were taken into possession.
             12. The prosecution also examined Bhupinder Singh (PW-16) as
      the witness of extra-judicial confession. He stated that he was present
      in his house on 30th March, 2005. At about 10 am, accused Swaran
F     Kaur, Jagmohan Singh and Darshan Singh present in the court came
      to his house. Swaran Kaur told him that they have committed a big
      blunder and that she had put a Dupatta on the neck of her mother-in-
      law Surjit Kaur and was strangulated. Darshan Singh gave a Kursi
      (chair) blow on the flank of Surjit Kaur when Jagmohan Singh caught
      hold of Surjit Kaur by her arms and, as a result thereof, Surjit Kaur
G
      died. Swaran Kaur also told him that she poured acid on deceased
      face. The dead body was kept in a gunny bag and put in a cupboard.
      Swaran Kaur further stated that the dead body was taken on a motor
      cycle for being thrown in the canal along with Jagmohan Singh.
      However, when they reached the bridge there was “Kacha Rasta”
H     (unmetalled path) and because of the water, the motor cycle could not
             DARSHAN SINGH v. STATE OF PUNJAB                                749
                   [HEMANT GUPTA, J.]

pass through and they threw the gunny bag in the fields of wheat.            A
Swaran Kaur also said that police were looking for them and asked
him to produce them before the police as he was acquainted with the
police. Accused Jagmohan Singh also confessed that a big mistake had
been committed by them and they had killed Surjit Kaur. Darshan Singh
also confessed that he along with Swaran Kaur and Jagmohan Singh             B
have committed the murder of Surjit Kaur and recounted the same story.
They also disclosed the motive of the murder being that Surjit Kaur
was asking for lease money of her land. Further, Bhupinder Singh (PW-
16) stated that he produced the accused before the police on 30th March,
2005. He also stated that prior to the visit of the accused persons to
his house on 30th March, 2005, he had no idea about the death of             C
deceased Surjit Kaur. However, he stated that he does not remember
whether he has mentioned the confessions in his statement recorded
under Section 161 of the Code before the police.
       13. The learned trial court relied upon the statement of Bhupinder
Singh (PW-16) and that of Kuldeep Singh (PW-13) to convict the               D
accused Jagmohan Singh, Swaran Kaur and Darshan Singh. Learned
trial court found that the testimony of Sukhdev Singh (PW-14) cannot
be used to prove the culpability as he could not establish the identity of
those persons in the court. The learned trial court found that there is
no challenge to the testimony of Kuldeep Singh (PW-13) that deceased         E
Swaran Kaur had been living alone in a room which shows that she
was not living with her son Avtar Singh and his family in the old age
indicating that relations of the deceased with her son and daughter-in-
law were not cordial. Statement of Harpal Singh (PW-11) Sarpanch
was referred to come to the conclusion that Surjit Kaur approached
him complaining non-payment of lease money by her son Avtar Singh.           F
He came to know about death of Surjit Kaur from the newspaper
reports.
      14. The High Court dismissed the appeals filed by the appellants
relying upon the statements of Kuldeep Singh (PW-13) and Bhupinder
Singh (PW-16) and the motive proved by Harpal Singh (PW-11).                 G
       15. Before this Court, the learned counsel for the appellants
submitted that the prosecution has failed to complete the chain of events
so as to lead only one conclusion that the appellants and the appellants
alone have committed the crime. The evidence of last seen has not
been believed by the trial court. In the absence of evidence of last seen,   H
750             SUPREME COURT REPORTS                         [2019] 14 S.C.R.


A     the other evidence is of extra judicial confession. It is argued that extra
      judicial confession is a weak evidence and can be made basis of
      conviction if the person before whom confession is made appear to be
      unbiased and not even remotely inimical to the accused. Reference
      was made to the judgment reported as Ajay Singh v. State of
      Maharashtra2 and S. Arul Raja v. State of Tamil Nadu3.
B
             16. It is also argued that no motive can be attributed to the
      accused as the deceased was last seen by Kuldeep Singh (PW-13) on
      20th March, 2005 and as per medical evidence, the probable time of
      death is 20th March 2005 or so. It is thus argued that the witness was
      the only person who had met the deceased immediately prior to her
C     death and it is he who has to explain the death of the deceased. The
      deceased was staying in Village Behrampur, Village of Kuldeep Singh
      (PW-13). Therefore, in the absence of any evidence that deceased was
      staying in Village Sahauran, the findings recorded by the courts below
      are not sustainable. It is also argued that as per postmortem report
D     (Ex. PJ), cause of death is poisoning due to Aluminium Phosphide
      insecticide, haemorrhage and haemo-thorax, but there is no evidence
      as to how the poison was administered nor there was any recovery of
      poison. It is contended that if the death was due to strangulation, poison
      in the body negates the prosecution story. It is also argued that a fracture
      of Hyoid bone does not necessarily mean strangulation. He placed
E     reliance upon Sharad Birdhichand Sarda v. State of Maharashtra4
      and Devi Lal v. State of Rajasthan5 as to how the circumstantial
      evidence can be made basis for conviction and that none of the
      circumstances are satisfied by the prosecution.
              17. On the other hand, Ms. Gogia, learned counsel for the State
F     argued that though the evidence of last seen has not been accepted
      but the fact remains that the statement of Sukhdev Singh (PW-14) is
      relevant to the extent that he had seen one man and a woman on TVS
      Motorcycle though he could not identify the person who were riding
      on such motorcycle. Still further, Harpal Singh (PW-11), the Sarpanch
      had deposed in respect of motive of the offence as the deceased had
G
      inherited the property of Gurmit Singh, her other son who died issueless.
      It is the share of the property of Gurmit Singh which became the point
      2
        (2007) 12 SCC 341
      3
        (2010) 8 SCC 233
      4
        (1984) 4 SCC 116
H     5
        2019 SCC OnLine 39
            DARSHAN SINGH v. STATE OF PUNJAB                                751
                  [HEMANT GUPTA, J.]

of conflict inasmuch as the said land was given on lease by the             A
deceased to her other son Avtar Singh. Surjit Kaur had even approached
Sarpanch for non-payment of lease money by the accused. Learned
counsel for the State also refers to the statement of Kuldeep Singh (PW-
13), son-in-law of the deceased to the effect that she was living
separately and not with her son and daughter-in-law. He deposed about
                                                                            B
the inheritance of land of Gurmit Singh and lease of land to Avtar Singh
at the rate of Rs.4,000/- per Bigha. In cross-examination, he stated that
Gurmit Singh died in the year 2003. He also stated that deceased was
first married to Bant Singh and her second marriage was with Amar
Singh. She had a girl child from her first marriage. Ujjagar Singh is the
husband of that girl. The statement of Ujjagar Singh was also recorded      C
in the Police Station identifying dead body of the deceased. Further,
Kuldeep Singh states that on 29th March, 2005, he received a telephone
call and read in the newspaper that a dead body has been found giving
description of the body and the clothes. He identified the dead body as
that of his mother-in-law. In cross-examination, he deposed that on 20 th
                                                                            D
March, 2005, Surjit Kaur had not come to his house (in Village
Behrampur Zimidara) but he met her in Panchayat, Village Sahauran.
He had not gone to visit in-laws house on 20th March, 2005. He inquired
from several relatives about the availability of Surjit Kaur. He deposed
that none of the accused were present at the time of cremation in the
Village Sahauran and none of Avtar Singh’s children were present at         E
the time of cremation. Further, a prayer meeting was held after seven
days of cremation on a Sunday, here one son of Avtar Singh along with
his younger daughter was present. He further stated that the deceased
had visited his house 25 days prior to the occurrence for 2 days and
that he never telephoned her between the time she left his place till
                                                                            F
20 th March, 2005, when he met her in the Panchayat at Village
Sahauran. He denied the suggestions that deceased never went back
to Village Sahauran.
      18. Learned counsel for the State further submitted that Balwant
Singh (PW-15), Investigating Officer deposed that he opened gunny bag
wherein a dead body of woman was recovered. He got photograph of            G
the dead body. On further search of the dead body on 29th March, 2005,
he recovered a small telephone diary which was lying in the inner side
pocket of the undershirt of the dead body and was having telephone
numbers of some persons. Such diary was taken in possession vide
recovery memo Ex- PM. He got published the photograph and news              H
752               SUPREME COURT REPORTS                         [2019] 14 S.C.R.


A     of the recovery of unidentified dead body of a woman. He had also
      tried to contact by calling the numbers noted in the diary. It was on
      29th March, 2005, Kuldeep Singh and Ujjagar Singh, son-in-laws of the
      deceased came to the Mortuary and identified the dead body as that
      of Surjit Kaur from the clothes as the face of dead body was dis-figured
      by pouring acid. The photographs produced in evidence proves the
B
      disfigurement of the face and that the body could be identified only by
      the clothes worn by the deceased. He deposed that he conducted raids
      for arresting the accused named by Kuldeep Singh and Ujjagar Singh
      but could not found the accused in Village Sahauran. It was on 30th
      March, 2005, Bhupinder Singh (PW-16) produced the accused Darshan
C     Singh, Swaran Kaur and Jagmohan Singh before whom they have made
      confessional statements. It was stated that Avtar Singh has not suffered
      any extra judicial confession before Bhupinder Singh (PW-16). On the
      basis of disclosure statement of Swaran Kaur (Ex- PZ), empty half
      bottle of acid was recovered from her house.
D            19. Learned counsel for the State relies upon judgment of this
      Court reported as Ram Lal v. State of Himachal Pradesh6 to contend
      that the evidence of extra judicial confession need not in all cases be
      corroborated. It was held as under:
               “14. It is well settled that conviction can be based on a voluntarily
E              confession but the rule of prudence requires that wherever
               possible it should be corroborated by independent evidence. Extra-
               judicial confession of accused need not in all cases be
               corroborated. In Madan Gopal Kakkad v. Naval Dubey, (1992)
               3 SCC 204, this court after referring to Piara Singh v. State of
F              Punjab, (1977) 4 SCC 452 held that the law does not require
               that the evidence of an extra-judicial confession should in all cases
               be corroborated. The rule of prudence does not require that each
               and every circumstance mentioned in the confession must be
               separately and independently corroborated.”

G            20. We have heard learned counsel for the parties and find no
      merit in the present appeals.
            21. Gurmit Singh, other son of deceased, passed away in 2003.
      The deceased inherited his share of land. Out of the 5 Bighas of land
      so inherited, she sold 1 Bigha for Rs.1,02,000/- whereas she leased the
H     6
          2018 SCC OnLine SC 1730
             DARSHAN SINGH v. STATE OF PUNJAB                                 753
                   [HEMANT GUPTA, J.]

remaining 4 Bighas to her other son, Avtar Singh. The lease money             A
was not being paid to her and this fact has been stated by Sarpanch
(Harpal Singh) (PW-11) and also by Kuldeep Singh (PW-13), the son-
in-law of the deceased. The lease money was the only source of survival
of the old woman who was living in a separate room and not with her
son, Avtar Singh. Harpal Singh (PW-11) has also deposed that only a           B
sum of Rs.1,000/- had been paid with a promise to pay another sum of
Rs.1,000/- later. It, thus, transpires that the deceased was living
separately and was not being paid the lease money which was necessary
for her survival.
       22. Further, the appellants were not found in the village soon after   C
the occurrence as deposed by Kuldeep Singh (PW-13) and investigating
officer Balwant Singh (PW-15). They did not attend the cremation or
the prayer ceremony which was held after one week. The conduct of
the appellants of not being available in the village is a strong
circumstance of their conduct post death.                                     D
       23. There is no evidence led by the prosecution of administering
Aluminum Phosphide but the postmortem report indicates fracture of
Hyoid bone. As per postmortem report, the Dupatta around the neck
of the deceased had two turns which is unusual for a woman, more
so, for a woman of the age of deceased. The argument that no ligature         E
mark was found on the deceased is of no relevance as the body had
been infected with maggots. Therefore, the ligature mark on the soft
tissue would not have survived.
       24. Furthermore, the bottle of acid was recovered on the basis
of disclosure made by accused Swaran Kaur. The photographs that were          F
taken showed disfigurement of the face of the deceased. Such
disfigurement was caused by pouring of acid with intention to avoid
identification of the dead body.
       25. Although the witness (PW-14) of last seen could not identify
the appellants, but the fact remains that he identified that a jute bag       G
was thrown by a man and a woman who came on a TVS Motorcycle.
Therefore, even though the witness could not identify the appellants in
court as the persons who had thrown the jute bag, the fact that the
jute bag was thrown by a man and a woman on a TVS motorcycle is
relevant in chain of events in support of the prosecution case.               H
754              SUPREME COURT REPORTS                     [2019] 14 S.C.R.


A            26. Another argument raised by Mr. D.P. Singh which needs
      mention is that Darshan Singh is not a member of family and has no
      motive in the commission of crime. It is observed that Darshan Singh
      was convicted on the basis of extra-judicial confession made before
      Bhupinder Singh (PW-16). In the extra-judicial confession, Darshan
      Singh has deposed that he has given a Kursi (Chair) blow on the flank
B
      of Surjit Kaur. The postmortem report (Ex. PJ) shows fracture of Hyoid
      bone, an irregular wound over the left breast and fracture of the 6th
      and 7th rib. Therefore, the extra-judicial confession made by Darshan
      Singh is also supported by medical evidence. Further, Darshan Singh
      had also disclosed that he had kept concealed a folding iron chair in
C     house of Avtar Singh, the said chair was recovered. The prosecution
      has proved the chain of circumstances to hold the appellants guilty of
      the offences charged.
            27. In view of the evidence led and the finding recorded by the
      Courts below, we do not find any merit in the present appeals.
D     Accordingly, both the appeals are dismissed. The appellant No. 2 –
      Swaran Kaur is reported to have died during the pendency of the appeal.
      Darshan Singh and Jagmohan Singh shall now surrender to undergo
      the remaining sentence.


E     Devika Gujral                                           Appeals dismissed.




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