Evidence Act, 1872, Section 25, 26 -- Extra judicial confession - Confession was made to PW6 and not to police - - Appellant was not in custody of police at that time - Held, it would not be hit by S.25 of Evidence Act - Bar u/s 26 of Evidence Act also would not apply...........
Evidence Act, 1872, Section 25 -- Confession - Use of - Held, S.25 of Evidence Act prohibits use of a confession when it is sought to be proved against accused i.e. in support of prosecution but not when it is to be used for him - Explanation for murder in a confession by accused to police in a First Information Report may be relied upon to prove motive, or provocation,..........
Evidence Act, 1872, Section 21 -- Extra judicial confession - Can be used against its maker, but as a matter of caution, Courts look for corroboration to the same from other evidence on record...........
Evidence Act, 1872, Section 21 -- Extra judicial confession - Made to a person not known and who lived 35 to 40 km. away from his village - Also denied of making such statement in statement recorded u/s 313 Cr.P.C. - Held, this retraction makes a dent in the alleged extra judicial confession...........
Evidence Act, 1872, Section 30, 3 -- Confession - Cannot be treated as substantive evidence against co-accused - Where prosecution relies upon confession of one accused against another, proper approach is to consider the other evidence against such an accused and if the said evidence appears to be satisfactory and the Court is inclined to hold that the said evidence may..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Sustainability - Link evidence missing - Deceased seen last not only with accused alone but another person was also present in same room - That person not examined by prosecution for reason best known to them - Child witness declared hostile - So-called extra-judicial confession, recovery of clothes of deceased..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Evidence of last seen - Relevancy - Appellants and deceased were seen alive together on night of 18.07.2002 during marriage at house of Arjun Sarpanch and from there they proceeded together to village Mehenpur - Dead body of deceased was found by police on 20.07.2002 - According to statements..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession - Reliability - Statements of PW14 and PW15 have given exact version given to them by appellants - During their cross-examination they could not be discomposed - There is nothing on record to suggest that aforesaid witnesses are unreliable - Held, evidence of extra..........
Evidence Act, 1872, Section 27 -- Discovery of dead body - Admissibility u/s 27 - From prosecution evidence, it is doubtful as to whether skeletons recovered from buried place, as allegedly shown by appellant, are skeletons of abducted persons in absence of any chemical or DNA examination - It further appears from deposition of IO wherein he admitted that he did not..........
Criminal Procedure Code, 1973, Section 164(2), Evidence Act, 1872, Section 25, 26 -- Confessional statement - Admissibility of - Confessional statement recorded on dictation of SDM during investigation - Appellant in police custody - Validity of - Held, confessions made in immediate presence of a Magistrate would not be admissible in evidence in case they were not recorded..........
