...appeal, two of the accused persons expired. The appeal came to be dismissed by the impugned order.5. Mr Mishra submitted that this was a case where the corpus delicti had...even though it was not necessary for conviction that a corpus delicti should be found still there must be other clear and reliable evidence of murder.11. Mr Mishra also...necessarily depend upon the corpus delicti being found. It is held that there should be reliable evidence of murder before a conviction can take place. It must be mentioned that in this case the bodies of...

.... The legal position regarding production of corpus delicti is well settled by a long line of decisions of this Court. We may briefly refer to some of those cases.11. In..., we would take it that the corpus delicti i.e the dead body of the victim was not found in this case. But even on that assumption, the question remains whether the other circumstances established on...greater. Discovery of the dead body of the victim bearing physical evidence of violence, has never been considered as the only mode of proving the corpus delicti in murder. Indeed, very many cases are of...

...raised, we have to see what is the proof of death of Ami Lal. In other words, the question relates to the proof of “corpus delicti”. The expression “corpus delicti” has been subject of judicial...comments from time to time. The term “corpus delicti” generally means, when applied to any particular offence, the actual commission by someone of the particular offence charged (Words and Phrases, Vol. 9...-A, 2nd Reprint, 1976, West Publishing Co.) In a murder case, “corpus delicti” consists of proof of the death of a person alleged to have been murdered and that such death has been caused by commission...

...others vs. State of Himachal Pradesh, (1981) 1 SCC 511, was a case of circumstantial evidence where the corpus delicti was not found. This court upholding the conviction observed...physical evidence of violence, has never been considered as the only mode of proving the corpus delicti in murder. Indeed, very many cases are of such a nature where the discovery of the dead body is...proof may be by the direct ocular account of an eyewitness, or by circumstantial evidence, or by both. But where the fact of corpus delicti i.e. "homicidal death" is sought to be established by...

...the corpus delicti, the telling circumstances otherwise complete the chain of evidence to establish beyond doubt that Sumitra had been murdered and the charges had been established against the accused...established beyond reasonable doubt. In other words, we would take it that the corpus delicti i.e the dead body of the victim was not found in this case. But even on that assumption, the question...corpus delicti in murder. Indeed, very many cases are of such a nature where the discovery of the dead body is impossible. A blind adherence to this old “body” doctrine would open the door wide open for...

...murder it is not an absolute necessity or an essential ingredient to establish corpus delicti. The fact of death of the deceased must be established like any other fact. Corpus delicti in some cases may...

...contended that 'corpus delicti' has not been established and, therefore, the appellants are entitled to acquittal. 4. Question which, therefore, arises for consideration is whether...corpus delicti has been proved. Ballentine Law Dictionary says : "Corpus delicti-The body of the offence, the substance of the crime. As applied to...Underbill's Criminal Evidence, Sixth Edition, it is stated : "The Corpus delicti is the body or substance of the crime. It normally contains two elements : (1) the end result of an act, such as, in a...

...has contended that “corpus delicti” has not been established and, therefore, the appellants are entitled to acquittal. Question which, therefore, arises for consideration is whether corpus delicti has...been proved. Ballentine Law Dictionary says—“Corpus delicti, The body of the offense, the substance of the crime. As applied to homicide cases, it has at least two component elements...Corpus delicti is the body or substance of the crime. It normally contains two elements: (1) the end result of an act, such as, in a homicide case, death; and (2) the fact that the end result was produced...

...together. No such clinching evidence is put forth. It is no doubt true that even in the absence of the corpus delicti it is possible to establish in an appropriate case commission of murder on...

...was that of Baijnath Singh. Even the age of the deceased was not disputed.22. It is now a trite law that corpus delicti need not be proved. Discovery of the dead body is a...the proposition of law set out above. As is set out in the various authorities (referred to above), it is not at all necessary for a conviction for murder that the corpus delicti be found. Undoubtedly..., in the absence of the corpus delicti there must be direct or circumstantial evidence leading to the inescapable conclusion that the person has died and that the accused are the persons who had...

....Corpus delicti — Recovery of51. In Mani Kumar Thapa v. State of Sikkim (2002) 7 SCC 157, AIR 2002 SC 2920 this Court...held that in a trial for murder, it is “neither an absolute necessity nor an essential ingredient to establish corpus delicti”. The fact of the death of the deceased must be established like any other...fact. Corpus delicti in some cases may not be possible to be traced or recovered. There are a number of possibilities where a dead body could be disposed of without any trace, therefore, if the...

...various authorities (referred to above) it is not at all necessary for a conviction for murder that the corpus delicti be found. Undoubtedly, in the absence of the corpus delicti there must be direct or...

...conviction and sentence imposed on him.4. Mr U.U Lalit, learned counsel appearing for the appellant argued that in the absence of any motive and the corpus delicti, it is unsafe...establish corpus delicti. The fact of the death of the deceased must be established like any other fact. Corpus delicti in some cases may not be possible to be traced or recovered. There are a number of...of corpus delicti the prosecution case should be rejected, cannot be accepted. Similar fate will follow the argument that in the absence of any specific motive there can be no conviction. In the...

...:] 5. Regarding the first argument that corpus delicti has not been produced, Mr. P. S. Ramachandran Aiyar in his reply invited our attention to a decision of the Allahabad High Court...following observations: "Sir H. de Villiers C. J., said, I never understood the law as to the corpus delicti to go so far as to hold that where...always understood this rule as to corpus delicti to apply to those cases in which death is relied upon from the fact of the disappearance of the deceased." The...

...for the offence.12. The first contention raised by the learned counsel for the defence regarding the corpus delicti not being found was countered by Ms Bhati by saying...fateful day. Therefore, this is not a case, according to her, of corpus delicti not being found and, therefore, there being a serious suspicion about the death having taken place at all....13. The question is, in the absence of corpus delicti, could it be presumed that the accused persons alone were responsible for the death of Pinki. We must hasten to add here that the...

...corpus delicti is not found, there should be some acceptable evidence produced by the prosecution to prove that the death of the missing person was in fact caused, and the accused persons are directly...beating suffered by him in the police station. The learned counsel also argued in the absence of corpus delicti, the prosecution should establish by link evidence that Vadivelu had actually died.... Therefore, after deliberation, they filed a writ of habeas corpus before the High Court in Chennai, wherein the High Court called upon the respondent police which included the appellants herein to file...

...these circumstances, we are satisfied that the first element justifying a conviction is absent. No. corpus delicti is established. We must, therefore, admit the appeal, set aside the convictions and...

..., it would be too much to expect production of corpus delicti. We have mentioned about this aspect at this stage itself because one of the reasons which led the High Court to acquit the respondents is...non-production of corpus delicti. We are afraid the High Court misread the situation; misjudged the trauma caused.”24. It is well settled that discovery of the...dead body of the victim has never been considered as the only mode of proving the corpus delicti in murder. In fact, there are very many cases of such nature like the present one where the discovery...

...consider the more serious aspect whether Mahesh was murdered by the abductors. On this aspect Shri P.S Misra led his most vocal contention that the identity of the corpus delicti has not been...

...corpus delicti, as the condition of the dead body was such that it was completely beyond recognition and thus it has not been proved that the body which was recovered from the septic tank was that of the...witnesses.(c) The disclosure statement is not admissible in evidence.(d) There is no proof of corpus delicti, as the dead body could not be identified being beyond recognition...witnesses.22. It is submitted by counsel for the appellant that in a criminal prosecution one of the essentials to be proved with certainty is the corpus delicti, which the prosecution...