ISHWARI LAL YADAV & ANR.versusSTATE OF CHHATTISGARH

912                      [2019]REPORTS
               SUPREME COURT    13 S.C.R. 912             [2019] 13 S.C.R.


A                      ISHWARI LAL YADAV & ANR.
                                        v.
                         STATE OF CHHATTISGARH
                       (Criminal Appeal No. 1522 of 2019)
B                             OCTOBER 03, 2019
              [R. F. NARIMAN, R. SUBHASH REDDY AND
                          SURYA KANT, JJ.]
             Penal Code, 1860 – ss.364/34 r/w. s.120B, ss.302/34 r/w.
      s.120B and s.201 – Gruesome murder – Prosecution case was that
C
      on 4.3.2010 a missing report was lodged by PW-2 about missing of
      his six year old daughter – Eights months later, another child (boy)
      was found missing from his house and his parents started searching
      for him – They noticed loud music being played in the house of
      appellants – When they entered the house, they found freshly dug
D     mound of earth – Appellants who were claiming to be “tantriks”
      admitted that they killed the boy and buried him to attain “siddhi”
      – During investigation, A-4 made a statement to the police that few
      months back, he had kidnapped one small girl on the asking of
      A-1 and A-2 – The said girl was killed by way of human sacrifice
      and her body was buried in the compound of the appellants –
E
      Recovery of skeletal remains along with her cloths was made –
      Conviction of appellants and death sentence – High Court affirmed
      conviction however modified death sentence to life imprisonment –
      On appeal, held: Medical evidence substantiated the case of
      prosecution – In addition, parents of the deceased identified the
F     cloths, which the deceased child was wearing on the date of missing
      – They also found the cloth pieces, attached to skeletal remains –
      The colour of cloth pieces tallied with the description in the missing
      report lodged by PW-2 earlier on 4.3.2010 – It was also proved
      that the body of boy was found in the house of appellant-A-1 – By
      applying s.106 of the Evidence Act, the onus was on the accused to
G
      explain the fact within their knowledge as to how the body of boy
      came to be buried in their house – Apart from the recoveries, there
      was a strong and consistent evidence of independent witnesses to
      prove the guilt of the accused – It was also proved that the house
      belonged to the appellants where skeletal remains were removed –
H
                                       912
ISHWARI LAL YADAV & ANR. v. STATE OF CHHATTISGARH                       913


As such it was clearly proved beyond any reasonable doubt that the      A
appellants were responsible for the offence alleged against them –
Further, as there was no acceptable evidence on record except the
alleged confession to prove the offence under ss.364/34 r/w 120B,
the appellants are acquitted of said offences – At the same time, by
burying the dead body of the deceased caused disappearance of
                                                                        B
evidence of offence, appellants are rightly convicted for offence
under s.201 – Considering the gruesome nature of murder the
sentence imposed by the High Court is confirmed.
       Evidence: Confession made to police – The confessional
statements made to the police cannot be the basis to prove the guilt
of the appellants but at the same time there is no reason to discard    C
the confessions made to the independent witnesses at the time when
boy’s body was found, prior to the arrival of police – Extra judicial
confession, is a weak piece of evidence but at the same time if the
same is corroborated by other evidences on record, such confession
can be taken into consideration to prove the guilt of the accused –     D
Penal Code, 1860.
      Partly allowing the appeal, the Court
      HELD: It is proved by cogent evidence that the body of
boy was found in the house of appellant-A-1. By applying the
provision under Section 106 of the Evidence Act definitely it is        E
the burden of the accused to explain the fact within the knowledge
of them how the body of boy came to be buried in their house.
Apart from the recoveries, there was a strong and consistent
evidence of independent witnesses to prove the guilt of the
accused. The FSL Report conclusively established that PW-3 was          F
the biological relative of the deceased. The said evidence if
considered along with other oral evidence of PW-2 and PW-3, it
is proved beyond reasonable doubt that the skeletal remains of
the body removed from the house of the appellants was only that
of their daughter. The house belonged to the appellants where
skeletal remains were removed. Further, as there was no                 G
acceptable evidence on record except the alleged confession to
prove the offence under Sections 364/34 read with 120B IPC,
the appellants are entitled for acquittal for offences punishable
under Sections 364/34 and 120B IPC. At the same time, by burying
the dead body of the deceased caused disappearance of evidence          H
914           SUPREME COURT REPORTS                     [2019] 13 S.C.R.


A     of offence, they are rightly convicted for offence under Section
      201 IPC. Having regard to gruesome nature of murder, the trial
      court has imposed the punishment of death for offence under
      Sections 302/34 read with 120B IPC but on appeal the High Court
      has modified the sentence to that of imprisonment for life without
      any remission or parole. Considering the gruesome nature of
B
      murder the sentence imposed by the High Court is to be
      confirmed. [Paras 24-27][922-C-D, F-H; 923-A-C]
            Aghnoo Nagesia v. State of Bihar AIR 1966 SC 119 :
            [1966] SCR 134; Ronny v. State of Maharashtra (1998)
            3 SCC 625 : [1998] 2 SCR 162; Firozuddin
C           Basheeruddin & Ors. v. State of Kerala (2001) 7 SCC
            596; Sushil Murmu v. State of Jharkhand (2004) 2 SCC
            338 : [2003] 6 Suppl. SCR 702 – referred to.
            Shambu Nath Mehra v. The State of Ajmer [1956] SCR
            199; State of Goa v. Sanjay Thakran (2007) 3 SCC
D           755 : [2007] 3 SCR 507; Prakash vs. State of Karnataka
            (2014) 12 SCC 133; Sahadevan & Anr. v. State of Tamil
            Nadu (2012) 6 SCC 403 : [2012] 4 SCR 366 – held
            inapplicable.
                            Case Law Reference
E
      [1966] SCR 134                referred to             Para 11
      [1956] SCR 199                held inapplicable       Para 24
      [1998] 2 SCR 162              referred to             Para 11
      (2001) 7 SCC 596              referred to             Para 11
F
      [2003] 6 Suppl. SCR 702       referred to             Para 11
      [2012] 4 SCR 366              held inapplicable       Para 23
      [2007] 3 SCR 507              held inapplicable       Para 25

G     (2014) 12 SCC 133             held inapplicable       Para 25
            CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
      No. 1522 of 2019.
           From the Judgment and Order dated 30.11.2016 of the High Court
      of Chattisgarh, Bilaspur in Criminal Appeal No. 1068 of 2014.
H
ISHWARI LAL YADAV & ANR. v. STATE OF CHHATTISGARH                               915


       Birendra Kumar Mishra, Adv. (A.C.)                                       A
       Siddhartha Dave, Sr. Adv., Ms. Liz Mathew, Ms. Ninni Susan
Thomas, Yash S. Vijay, Ms. Jemtiben AO., Ms. Saumya Gupta, Siddhant
Krishna Dave, Kabir Dixit, Rajeev Kumar Bansal, M. P. Singh, Akshay
K. Ghai, Sumeer Sodhi, Ashish Tiwari, Ms. Ridhima Juneja, Ms. Suditi
Batra, Advs. for the appearing parties.                                         B
       The Judgment of the Court was delivered by
       R. SUBHASH REDDY,J.
       1. Leave granted.
       2. This appeal is filed by appellant Nos. 1 and 2 in Criminal Appeal     C
No.1068 of 2014 filed before the High Court of Chhattisgarh, Bilaspur,
aggrieved by the common judgment in Criminal Reference No.4 of 2014
and Criminal Appeal No.1068 of 2014. The appellants herein were
charged for offences punishable under Sections 364/34 read with 120B
IPC, Sections 302/34 read with 120B IPC and Section 201 IPC. On the             D
aforesaid charges they were tried in Sessions Trial No.98 of 2011 by the
learned Sessions Judge, Durg, and they were convicted for the offences
charged and sentenced for imprisonment for life and a fine of Rs.5,000/
- was imposed for the offence under Sections 364/34 read with 120B
IPC, sentence of death and a fine of Rs.5,000/- for the offence under
Sections 302/34 read with 120B IPC, rigorous imprisonment for five              E
years and a fine of Rs.2,000/- for the offence under Section 201 IPC. In
view of the death sentence imposed, the learned Sessions Judge made a
reference to the High Court in Criminal Reference No.4 of 2014.
Challenging the conviction recorded and the sentence imposed on them,
appellants have filed Criminal Appeal No.1068 of 2014. Vide impugned            F
judgment dated 30.11.2016, the High Court has confirmed the conviction
recorded against appellants. However, the death sentence imposed by
the Trial Court is modified to imprisonment for life. It was further observed
that appellants-accused are not entitled to any remission or parole.
Aggrieved by the said judgment this appeal is filed.
                                                                                G
       3. On 04.03.2010, Beeru Dewar (PW-2) had lodged a complaint
with the Police Station, Bhilai Nagar, stating that his six year old daughter
Ku. Manisha is missing.
       4. On 23.11.2010, a child by name Chiraj Rajput was found missing
from his house. A missing report was given in Police Station, Bhilai Nagar,
District Durg. Thereafter, the parents were searching for their child.          H
916             SUPREME COURT REPORTS                             [2019] 13 S.C.R.


A     On hearing loud music being played in the house of appellants i.e. Ishwari
      Lal Yadav (A-1) and Smt. Kiran Yadav (A-2), they entered their house.
      When they entered the house they found freshly dug mound of earth
      and appellants herein who were claiming as “tantriks”, have admitted
      that they had killed Chirag and buried him there to attain “siddhi”. Further,
      it is the case of the prosecution that during the investigation in the said
B
      case, Mahanand Yadav (A-4), made a statement to the police that about
      seven/eight months earlier, he had kidnapped one small girl on the asking
      of A-1 and A-2.5.
             The said girl had been killed by way of human sacrifice and her
      body was buried in the compound of the appellants herein. On 24.11.2010,
C     one constable of Bhilai Nagar Police Station made ‘O’ entry to the effect,
      that an information has been received about the kidnapped girl who had
      been killed by way of human sacrifice and her skeletal remains were
      recovered along with the cloths which she was wearing. On the said
      date a statement was recorded under Ext.P-15. On the basis of the
D     aforesaid statement, investigation was done and skeletal remains of the
      child were recovered.
             6. After recovery of the skeletal remains, DNA test was conducted
      and it was determined that skeletal remains found in the house of Ishwari
      Lal Yadav (A-1) and Smt. Kiran Yadav (A-2) were of Ku.Manisha who
E     was also reported to be missing. After completing investigation, the
      appellants herein were charged for the offences alleged against them.
             7. On behalf of the prosecution, PW-1 to PW-21 were examined
      to prove the guilt of accused. The Trial Court on appreciation of evidence
      on record has held that the appellants and two other accused are guilty
F     for the charges framed against them, convicted and sentenced the
      appellants as follows :
      Accused              Conviction U/s.     Sentence
      Ishwari Lal Yadav    364/34 and 120B Imprisonment for life and fine of
                           IPC             R s.5000/-. In default of paym ent of fi ne,
                                           further rigorous imprisonment for four
                                           months .
G
                           302/34 and 120B Death sentence and fine of Rs.5000/-. In
                           IPC             default of payment of fine, further
                                           rigorous imprisonment for four months.
                           201 IPC             R igorous imprisonment for five years
                                               and fine of Rs.2000/-. In default of
                                               payment of fine, two months rigorous
                                               imprisonment.
H
ISHWARI LAL YADAV & ANR. v. STATE OF CHHATTISGARH                                 917
              [R. SUBHASH REDDY,J.]

 Smt. Kiran Yadav @   364/34 and 120B Imprisonment for life and fine of           A
 Gurumata             IPC             Rs.5000/-. In default of payment of fine,
                                      further rigorous imprisonment for four
                                      months.
                      302/34 and 120B Death sentence and fine of Rs.5000/-. In
                      IPC             default of payment of fi ne, further
                                      rigorous imprisonment for four mont hs.
                                                                                  B
                      201 IPC            Rigorous imprisonment for five years
                                         and fine of Rs.2000/-. In default of
                                         payment of fine, two months rigorous
                                         imprisonment.

       8. On appeal, High Court has acquitted accused nos.3 and 4,
namely, Rajendra Kumar Mahar and Mahanand Yadav respectively. So                  C
far as appellants are concerned their conviction is confirmed, the death
sentence imposed on them is modified to one of imprisonment for life for
offence under Section 302/34 and 120B, IPC. At the same time their
conviction and sentence is confirmed for the offence under Section
364/34 and 120B IPC and 201 IPC.                                                  D
      9. We have heard Sri Siddhartha Dave learned senior counsel
appearing for the appellants and Sri Sumeer Sodhi,learned counsel
appearing for the respondent-State of Chhattisgarh.
       10. It is contended by the learned senior counsel for the appellants
that the prosecution has failed to prove the guilt of accused beyond              E
reasonable doubt and inspite of the same they were convicted and
sentenced for the offences alleged. It is submitted that the confessional
statements ought not to have been relied on in absence of any
corroborative evidence to prove the guilt of the accused. It is further
contended that there are material contradictions among the witnesses,
                                                                                  F
as such the evidence is unreliable. It is further submitted that the femur
bone that was preserved, was sent to CDFC Hyderabad for DNA analysis,
and in fact the report relied upon by the prosecution was the FSL Report,
Sagar. Even the FSL Report does not conclusively draw to the fact that
PW-3 is the mother, but, states that she is a biological relative. There are
also discrepancies with regard to the cloths found on her. Further, it is         G
submitted that appellants were in custody from 23.11.2010 and recoveries
were made on 24.11.2010 but disclosure statements were recorded
thereafter.
       11. As such, it is submitted that, same raises a strong probability
that these weapons have been planted by the police. It is further submitted       H
918             SUPREME COURT REPORTS                         [2019] 13 S.C.R.


A     that even the blood which was found on the weapons, there is no proof
      that it was human blood. In support of his arguments, learned counsel
      has relied on the judgments of this Court in the case of Aghnoo Nagesia
      vs. State of Bihar1, Sahadevan & Anr. vs. State of Tamil Nadu2,
      Shambu Nath Mehra vs. The State of Ajmer3, Ronny vs. State of
      Maharashtra4, State of Goa vs. Sanjay Thakran5, Prakash vs. State
B
      of Karnataka6 and Firozuddin Basheeruddin & Ors. vs. State of
      Kerala 7.
             12. To buttress the submission that as there is strong probability
      that the weapons seized have been planted by the police, as such recoveries
      cannot be relied on, learned counsel relied on the judgment in the case of
C     Sanjay Thakran5. Further, reliance is also placed on the judgment in
      the case of Prakash6. In support of his submission that as the blood on
      the weapon used in crime is not shown to be that of the deceased, it
      raises a grave suspicion that investigation was not fair and benefit of
      doubt is to be given to the accused.
D            13. On the other hand Sri Sumeer Sodhi, learned counsel appearing
      for the respondent-State has submitted that as the case relates to the
      gruesome murder of a minor girl of six years, for the purpose of human
      sacrifice and from the oral evidence on record, the prosecution has proved
      the guilt of the accused beyond reasonable doubt, as such there are no
E     grounds to interfere with the impugned judgment. It is submitted that
      when a child of two years by name Chirag was missing, his parents
      were on search for missing child along with family members and residents
      of locality, on hearing the loud music emanating from the house of the
      appellants, they got suspicious and entered the house. It is submitted
      that at that point of time both the appellants-accused have confessed
F     their guilt of committing the act of murder of Chirag and burying the
      body in the precinct of the house. It is submitted that looking at the fresh
      mound of mud, same was excavated and the body of Chirag was found
      in two parts. At that time one of the accused in the said case also revealed
      committing of similar offence of a girl child. It is submitted that there
G     1
        AIR 1966 SC 119
      2
        (2012) 6 SCC 403
      3
        1956 SCR 199
      4
        (1998) 3 SCC 625
      5
        (2007) 3 SCC 755
      6
        (2014) 12 SCC 133
      7
H       (2001) 7 SCC 596
    ISHWARI LAL YADAV & ANR. v. STATE OF CHHATTISGARH                         919
                  [ R. SUBHASH REDDY,J.]

was already a complaint of missing child of six year old daughter of          A
Beeru Dewar (PW-2), lodged on 04.03.2010, investigation was made.
Further investigation of the police revealed that they have kidnapped
and committed murder of minor girl by name Km.Manisha. She was
also buried near to the place of Chirag. As such by excavating skeletal
remains along with cloths were taken out. It is submitted that from the
                                                                              B
evidence on record it is clearly proved by confession of several
independent witnesses, which is corroborated by other evidence on record
to prove that Manisha was murdered for the purpose of human sacrifice
by appellants, as such they were rightly convicted and sentenced by the
Trial Court and their sentence of death was modified by the High Court
to that of imprisonment for life without any remission or parole. As such,    C
it is submitted that there are no grounds to interfere with the same.
Learned counsel has also relied on the judgment in the case of Sushil
Murmu vs. State of Jharkhand8.
      14. Having heard the learned counsels on both the sides, we have
perused the impugned judgment and also the other material on record.          D
       15. To prove the guilt of appellants-accused, several independent
witnesses were examined. From the evidence on record it is clear that
on 23.11.2010 when there was search by the parents of the deceased
Chirag Rajput for their missing child along with others of the locality, on
hearing the loud music from the house of the appellants, they got             E
suspicious and entered the house. Upon entering the house a freshly dug
mound of earth was found in the house of the appellants and on confession
made by the appellants body of Chirag was traced. Further, as it was
disclosed by one of the accused that about 7/8 months earlier, they have
kidnapped one small girl on the asking of A-1 and A-2 and they have
handed over the girl to Ishwari Lal Yadav and Kiran Yadav, further            F
investigation was made in view of the complaint lodged by Beeru Dewar
(PW-2) on 04.03.2010. On 04.03.2010, Beeru Dewar (PW-2) filed a
report to the effect that his six year old daughter Ku.Manisha was missing.
On further investigation, the skeletal remains were also recovered from
the house of the appellants from the place adjoining from where body of       G
Chirag was taken out. In oral evidence Beeru Dewar (PW-2), father of
the deceased stated that when they went to the house of Ishwari Lal
Yadav (A-1), they found the skeletal remains and they have also identified
the cloths of his daughter Ku. Manisha.
8
    (2004) 2 SCC 338.                                                         H
920            SUPREME COURT REPORTS                         [2019] 13 S.C.R.


A            16. Mother of the deceased Smt. Durga Bai was examined as
      PW-3. In her deposition, she has stated that about 1½ years earlier to
      the date of statement, she had gone to Kasaridih at about 06.00 pm for
      begging. Her daughter was wearing one red coloured two piece set and
      at about 8.00 pm when pooja was over in the temple, her daughter
      Ku. Manisha stated that she wanted to defecate. She also stated in her
B     deposition that after sometime when she went back to the place of electric
      pole where her daughter was defecating, she did not find her there. It is
      stated that at the instance of police officials they went to the house of
      appellants at Ruabandha and in her presence a grave was dug which
      was inside the house of the appellants and cloths of her daughter were
C     lying there along with some pieces of bones. She identified the cloths to
      be that of her daughter Ku.Manisha.
             17. Dilip Thakur was examined as PW-11, who was one amongst
      the persons who went inside the house of the appellants in search of
      other child Chirag. He has, in clear terms, stated that at that time both
      the appellants Ishwari Lal Yadav and Smt. Kiran Yadav confessed that
D
      earlier they had sacrificed one small girl child whom they had brought
      from Kasaridih and that she had been buried in their house.
            18. PW-13 Shrikant Gawander stated that on pointing out by
      Ishwari Lal Yadav, some mound in the courtyard was dug up and inside
      the same skeletal remains were found along with red coloured frock and
E     red coloured underwear.
            19. PW-16 is the Assistant Sub Inspector, who has recorded the
      merg intimation (Exhibit P-28) and (Exhibit P-29).
             20. One Khuman Singh Sahu was examined as PW-21. In his
      deposition he has stated that he knows accused Ishwari Lal Yadav and
F
      his wife Smt. Kiran Yadav, appellants herein, who are his neighbours.
      He has stated that both the accused A-1 and A-2 were engaged in
      witchcraft. Rajendra Kumar (A-3) and Mahanand Yadav (A-4) are the
      disciples of (A-1) and (A-2). He was also one of the members in the
      team in search of missing boy Chirag earlier. He too stated in his
G     deposition that the appellants have admitted that one girl by name
      Ku. Manisha who had been kidnapped earlier, had been sacrificed by
      them. A confession is also to the effect that they have buried the girl
      next to the place where Chirag’s body has been buried.
            21. From the evidence on record, it is clearly established beyond
H     reasonable doubt that Km.Manisha is the daughter of PW-2 and PW-3
ISHWARI LAL YADAV & ANR. v. STATE OF CHHATTISGARH                                921
              [R. SUBHASH REDDY,J.]

and was missing since 04.03.2010. Though, the said complaint was                 A
recorded in the Police Out Post Padmanabhpur, Durg, on 04.03.2010
but there was no breakthrough. Only after Chirag’s case has come to
light, based on admissions by the appellants and two others, further
investigation revealed that the appellants earlier also committed similar
offence of murder of Km.Manisha for their tantrik activities and buried
the body of minor girl in their house.                                           B

       22. The confessional statements made to the police by the
appellants, cannot be the basis to prove the guilt of the accused but at
the same time there is no reason to discard the confessions made to the
independent witnesses at the time when Chirag’s body was found, prior
to the arrival of police. It is true that extra judicial confession, is a weak   C
piece of evidence but at the same time if the same is corroborated by
other evidences on record, such confession can be taken into consideration
to prove the guilt of the accused. In the case on hand, the evidence from
independent witnesses is in one voice and consistent. The medical
evidence on record also substantiated the case of the prosecution. In
                                                                                 D
addition to the same, PW-2 and PW-3 who are the parents of the deceased
have identified the cloths, which the deceased child was wearing on the
date of missing. It is also clear from the evidence that the skeletal remains
were removed. They have also found the cloth pieces, attached to skeletal
remains. The colour of such cloth pieces was tallied with the description
in the missing report lodged by PW-2 earlier on 04.03.2010. As such it is        E
clearly proved beyond any reasonable doubt that the appellants are
responsible for the offence alleged against them.
       23. Learned counsel for the appellants has relied on a judgment
of this Court in the case of Aghnoo Nagesia1 to buttress his contention
that the courts below have committed error in recording a finding of guilt       F
of the appellants based on confession. But same is a case where the
appellant therein was charged under Section 302 IPC for murdering his
aunt and others and there were no eye witnesses to the murder. The
principal evidence against the appellant was First Information Report
which contains a full confession of guilt by the appellant himself. The
said confession was made to a police officer and the same is not provable        G
having regard to Section 25 of the Indian Evidence Act. Further reliance
is also placed on a judgment of this Court in the case of Sahadevan2. In
the aforesaid judgment of two-Judge Bench of this Court it is held that
the extra judicial confession is a weak piece of evidence and court must
ensure that same inspires confidence and is corroborated by other
                                                                                 H
922             SUPREME COURT REPORTS                         [2019] 13 S.C.R.


A     prosecution evidence. If the totality of oral evidence on record is
      considered in the case on hand, it is consistent and inspires confidence
      of the case of the prosecution to prove the guilt of the main accused.
      We are of the view that the aforesaid judgments would not render any
      assistance to support the case of the appellants.
B            24. Learned counsel also relied on the judgment of this Court in
      the case of Shambu Nath Mehra3. In the aforesaid judgment this Court
      has held that in a criminal case burden of proof is on the prosecution and
      Section 106 is certainly not intended to relieve it of that duty. It is held
      that on the contrary, it is designed to meet certain exceptional cases in
      which it would be impossible, or at any rate disproportionately difficult,
C     for the prosecution to establish facts which are “especially” within the
      knowledge of the accused and which he could prove without difficulty
      or inconvenience. In this case on hand it is proved by cogent evidence
      that the body of Chirag was found in the house of Ishwari Lal Yadav.
      By applying the provision under Section 106 of the Indian Evidence Act
D     definitely it is the burden of the accused to explain the fact within the
      knowledge of them how the body of Chirag came to be buried in their
      house. The judgment relied on in the case of Shambu Nath Mehra3
      also would not be helpful for the appellants. In the case of Firozuddin
      Basheeruddin7 this Court has discussed the ingredients which constitute
      criminal conspiracy within the meaning of Section 120B of the IPC. As
E     we are of the view that the evidence on record is not sufficient to prove
      the guilt of the appellants under Section 120B of IPC, as such it is not
      necessary to elaborate any further.
             25. The other judgments relied on by the learned counsel for the
      appellants in the case of Sanjay Thakran5 and the judgment in the case
F     of Prakash6 also would not render any assistance to the case of the
      appellants having regard to facts and circumstances of the present case.
      Apart from the recoveries there is a strong and consistent evidence of
      independent witnesses to prove the guilt of the accused. The FSL Report,
      Sagar, conclusively establishes that PW-3 is the biological relative of the
G     deceased. The said evidence if considered along with other oral evidence
      of PW-2 and PW-3, it is proved beyond reasonable doubt that the skeletal
      remains of the body removed from the house of the appellants was only
      that of their daughter Ku.Manisha. It is also proved from the evidence
      on record that the house belonged to the appellants where skeletal remains
      were removed.
H
ISHWARI LAL YADAV & ANR. v. STATE OF CHHATTISGARH                                 923
              [R. SUBHASH REDDY, J.]

       26. Further, as there is no acceptable evidence on record except           A
the alleged confession to prove the offence under Sections 364/34 read
with 120B IPC, the appellants are entitled for acquittal for offences
punishable under Sections 364/34 and 120B IPC. At the same time, by
burying the dead body of the deceased caused disappearance of evidence
of offence, they are rightly convicted for offence under Section 201
                                                                                  B
IPC.
      27. Having regard to gruesome nature of murder, the Trial Court
has imposed the punishment of death for offence under Sections 302/34
read with 120B IPC but on appeal the High Court has modified the
sentence to that of imprisonment for life without any remission or parole.
Considering the gruesome nature of murder the sentence imposed by                 C
the High Court is to be confirmed.
       28. For the aforesaid reasons, this Criminal Appeal is partly allowed,
setting aside the conviction recorded and sentence imposed for the
offence under Sections 364/34 read with 120B IPC. However, we confirm
the conviction recorded and sentence imposed for the offence under                D
Sections 302/34 and Section 201 IPC.


Devika Gujral                                           Appeals partly allowed.

                                                                                  E




                                                                                  F




                                                                                  G




                                                                                  H