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Criminal LawSupreme Court of India

Asar Mohammad & Others v. The State of Uttar Pradesh

Criminal Appeal · 2018 INSC 985Decided 24 Oct 2018
Criminal Appeal No. 1617 of 2011
Justice A.M. Khanwilkar · Justice L. Nageswara Rao

Background

Three appellants, a father and his two sons from an earlier marriage, were convicted of murdering the father's second wife, Zahida Begum, and her young son, whose decomposed bodies were found in a septic tank behind the family's house about two months after they went missing. One of the sons had confessed to the police and led them to the bodies; the family had never reported the two as missing. The trial court sentenced all three to death, which the High Court commuted to life imprisonment while upholding the convictions.

Decision Breakdown

The Supreme Court upheld the conviction of the son who confessed and led police to the bodies, since his own conduct (showing the police where the bodies were hidden) was independently admissible evidence of guilt, not merely his confession. However, for the father and the other son, the Court held that a co-accused's confession alone cannot be used as evidence against them without independent proof of their own involvement, and so it acquitted them of murder (Section 302 IPC). It nonetheless convicted both of them under Section 201 IPC (destroying evidence/screening an offender from punishment) because they lived in the same house, never reported the disappearances, and offered no explanation for the bodies found on their property.

Lesson Learnt

A confession made by one accused person to the police can be used as evidence of that person's own conduct (such as leading police to hidden evidence), but it cannot by itself be used to convict a co-accused of the main offence unless there is separate, independent evidence connecting the co-accused to the crime.

Asar Mohammad & Others v. The State of Uttar Pradesh – Legal Case Shots | LegalAware