Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Evidence Act 1872 Admissibility of Murder Recovery of blood stained axe and clothes Statements by accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence—Murder—Recovery of blood stained axe and clothes at instance of accused—Statements by accused that axe was one with which he committed murder and that blood stained clothes were his—Admissibility of—Indian Evidence Act, 1872 (I of 1872), s. 27.The appellant was tried and convicted for the murder of one B. The evidence against him was circumstantial and consisted of (1) a motive to kill B which he had in common with his father, (II) the recovery at his instance of an axe, shirt and dhoti stained with human blood and (III) his statements made to a Sub-Inspector of Police before the recovery that the axe was one with which he had killed B and that the shirt and Dhoti belonged to him. No independent evidence was led to prove that the axe, shirt and dhoti belonged to the appellant. Held, that the statements made by the appellant were inadmissible and the remaining evidence was not sufficient to bring home the guilt to the appellant. The statements were incriminating ones made to a police officer and were hit by ss. 25 and 26 of the Evidence Act. The Statements were not admissible under s.27 as they did not lead to any discovery within the meaning of that section. |
Judge | Hon'ble Mr. Justice S.K Das |
Neutral Citation | 1962 INSC 196 |
Petitioner | Prabhu |
Respondent | State Of U. P. |
SCR | [1963] 2 S.C.R. 881 |
Judgement Date | 1962-05-03 |
Case Number | 50 |
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