AIR 2002 SUPREME COURT 3119 ::2002 AIR SCW 3596 ::2004 Cri LJ (NOC) 360 ::2002 ALL. L. J. 2217 ::(2002) 3 CurCriR 270 ::(2002) 3 AllCriR 2901 ::2002 SCC(Cri) 1647 ::2002 (7) SCC 198 ::2002 (4) RecCriR 82 ::(2002) 6 Scale 152 ::2002 (2) ALD(CRL) 774 ::(2002) 4 AllCriLR 456 ::(2003) 2 EastCriC 61 ::2002 (4) Crimes 113 ::2002 (3) LRI 862 ::(2002) 6 Supreme 68 ::2002 (5) SLT 83 ::2002 AllMR(CRI) 2290 ::2002 (45) AllCriC 761 ::(2004) ScCriR 78 ::2004 SC CriR 78 ::2002 (8) SRJ 534 ::(2002) 6 JT 392 (SC)

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): Y. K. Sabharwal, H. K. Sema , JJ

Penal Code (45 of 1860) , S.300— Murder - Charge of - May stand established even in absence of identification of dead body and cause of death. One of sons of accused No.1 murdered by deceased victims. Accused No.1 along with other sons and brother-in-law formed unlawful assembly with common object to murder deceased victim by burning their bodies along with dead body of son of the accused. Deceased victims accompanied accused persons with dead body of son of accused No.1 to cremation ground. Presence of accused persons and deceased victims at cremation ground on date and time alleged by prosecution is fully established. Testimony of eyewitness that deceased victims were shot and thrown on pyre of son of accused No.1. Plea of accused that 2 victims were shot by unknown persons is not tenable in view of fact that occurrence took place in broad day light in presence of so many persons on cremation ground. Theory that three persons might have died together also ruled out as in simultaneous cremation individual pyres are set up. Two bodies of victim recovered from funeral pyre after they were badly burnt for over two hours. In contextual facts non-identification of bodies of 2 victims, immaterial since bodies are extensively burnt. Cause of death by shooting or burning not ascertainable. Non recovery of pellets due to getting lost in burning pyre. Surrender of ac....