Evidence Act, 1872, Section 26 -- Confession - Offence u/s 304(Part II) IPC - PW1/Father of deceased stated that accused on query confessed that he is author of crime but in his cross-examination he made it clear that on query made by police he stated so - Confession not proved...........
Evidence Act, 1872, Section 24 -- Circumstantial evidence - Extra judicial confession - Murder case - Number of persons had gone to house of accused and when he was put in fear of police, he made extra judicial confession - Same requires corroboration - More so, recovery of dead body at the instance of accused treated as extra judicial confession by trial Court,..........
Criminal Procedure Code, 1973, Section 190, 482, Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 407, 34 -- Confessional statement of co-accused before police - Admissibility - Offence u/ss 407, 34 IPC - No confession made to a police officer shall be proved as against accused of any offence - Confessional statement of co-accused before police held,..........
Criminal Procedure Code, 1973, Section 164(5) -- Recording of statement - By administering oath u/s 164(5) Cr.P.C. - Limited only to witnesses and not to accused making confession...........
Indian Penal Code, 1860, Section 302 -- Murder - Order framing charge - Dead body of deceased recovered from well - No marks of injury were noticeable on body of deceased - No suspicion cast by any witness examined during inquest proceedings regarding death of deceased - No motive attributed to accused to commit crime - So called extra judicial confession appears to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 8, 18, 29 -- Confession - Recovery of 7.2 kg opium - Confessional statement of accused recorded while he was in custody and time was not mentioned on statements - Said fact is corroborated by Narcotic Officer and PW6 - Statement of accused confessing crime was thus, not voluntarily made and hence not..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Testimony of witnesses - Recovery weapon - Last seen evidence and extra-judicial confession made by respondent-accused before PW-16, is found unworthy of reliance - Further, murder weapon axe, was recovered at the instance of accused from an abandoned open room in a field which had easy access..........
Evidence Act, 1872, Section 27 -- Extra-judicial confession - Murder case - S.27 of the Act is brought into operation when accused produced some object connected with crime of which informant is accused - In the instant case, discovery of `dao' is direct consequence of information - Hence, it is not necessary that accused personally should lead police to point out place..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 381, 457, 411, Evidence Act, 1872, Section 25 -- Quashing of FIR - Theft - Confession of co-accused - Petitioner named by co-accused in his disclosure statement - No recovery has been effected from petitioner - Even otherwise, confession made by accused in police custody is inadmissible in..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Merely because signature of police is on top of left corner of confessional statement of accused, Court cannot throw away such statement, particularly when said signature was put by Inspector of police only as an acknowledgment for receipt of confessional statement from PW10, before whom statement was made by..........
