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Dharam Deo Yadav v. State of Uttar Pradesh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 369 of 2006)Decided 11 Apr 2014
Criminal Appeal No. 369 of 2006
Justice K.S. Radhakrishnan · Justice A.K. Sikri

Background

A tourist from New Zealand disappeared after staying in Varanasi and travelling with Dharam Deo, her guide. On his disclosure, police recovered a skeleton buried in his locked home. Witnesses, dental and skull comparisons and DNA testing linked the remains to the missing woman; the trial court convicted him of murder and concealing evidence and imposed death, which the High Court confirmed.

Decision Breakdown

The Supreme Court upheld the conviction but changed the death sentence to life imprisonment with twenty years' rigorous imprisonment beyond the time already served, without remission for that period. Reliable sightings, his knowledge of the concealed remains and expert identification together established the chain of circumstances. The Court accepted the properly preserved and tested DNA evidence, while stressing quality controls and the need for scientific investigation. Being last seen together alone would not have proved murder. The lack of evidence showing the manner of killing prevented treating the case as rarest of rare, despite proof of guilt.

Lesson Learnt

Scientific identification can support a circumstantial case when preservation and expert testing are reliable. Proof of murder and justification for execution are separate questions; this conviction did not establish the circumstances necessary for death sentencing.

Official source (sci.gov.in)View Judgment (PDF)

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