Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 - ss.1331114 - Confessional statement of accomplice - Admissibility and appreciation of - Murder of elderly couple at their flat - Robbery |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Evidence Act, 1872 - ss.1331114 - Confessional statement of accomplice - Admissibility and appreciation of - Murder of elderly couple at their flat - Robbery - Conviction of appellant and three others u/ss.3021341120B and s.394, !PC based upon the confessional statement of an accomplice (PW3) - PW3 gave confession soon after his arrest - Plea of appellant that High Court wrongly gave undue importance to the testimony of PW3 and based the conviction of appellant thereupon, in absence of independent corroborative evidence in material particulars - Held: As a matter of practice, the evidence of accomplice should not be accepted without corroboration in material particulars - Furthe1; such corroboration must connect the accused with the crime and also this corroboration must be from an independent source - On facts, it is found that the trial court convicted the appellant along with other accused persons after finding that there was sufficient corroborative material 011 record - High Court did this exercise all over again discussing the said corroborative material and found that the statement of PW3 got fi1ll corroboration jiwn different independent witnesses along with the circumstances established by those witnesses - Thus, no error found in the impugned judgment of High Court affirming the conviction of appellant - Penal code, 1860 - ss.302/34/120B and 394. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 1086 |
Petitioner | Khokan Giri @ Madhab |
Respondent | State Of West Bengal |
SCR | [2016] 9 S.C.R. 759 |
Judgement Date | 2016-12-01 |
Case Number | 1399 |
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