Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 302 r/w. s. 1208 - Contract killing Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s. 302 r/w. s. 1208 - Contract killing;....Accused came on a scooter to victim-deceased's house andfired at his chest and head- Thereafter he threw the pistol atthe spot and ran away on the scooter- Previous grudge ofappellants-accused alleged - Conviction recorded againstappellants primarily on the basis of their confessionalstatements and recovery of scooter from the house ofappellant no. 1 - Held: The confessional statements wererecorded when these accused were in police custody- Suchstatements were inadmissible having regard to ss. 25 and 26- The information provided by all the accused/appellants inthe form of confessional statements, had not led to anydiscovery - Recovery of scooter was made in the absenceof appellant - This recovery was pursuant to the statementmade by PW-2, the brother of the deceased and not on thebasis of any disclosure statements made by these appellants- Likewise, insofar as confessional statement allegedly givenby appellant-J was concerned, that was again in another FIR- Therefore, the situation contemplated uls. 27 of theEvidence Act also did not get attracted - Even if the scooterwas recovered pursuant to the disclosure statement, it wouldhave made the fact of recovery of scooter only, as admissibleuls.27 of the Evidence Act, and it would not have made theso-called confessional statements admissible which cannotbe held as proved against them - Prosecution failed to provebeyond reasonable doubt, the charge of conspiracy againstappellants - Conviction set aside - Evidence Act, 1872 -ss25 to 27.Evidence Act, 1872: ss.25 and 26- Philosophy behind- Discussed.Words and phrases: 'Confession' - Meaning of -Discussed. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 436 |
Petitioner | Indra Dalal |
Respondent | State Of Haryana |
SCR | [2015] 7 S.C.R. 1083 |
Judgement Date | 2015-05-29 |
Case Number | 1261 |
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