NDLI: State of U.p. Vs. Boota Singh & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1898
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1898 (5 of 1898)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Appeal against acquittal - Interference - Scope of High Court misreading evidence, reversing judgment of Sessions Court - Important conclusions arrived at by Sessions Court not displaced - High Court overlooking important circumstances which fully prove the case.Code of Criminal Procedure 1898 - Sec. 288 - Confession of accused - Use of Corroboration by other independent evidence - Necessity of - Satisfaction and support in extrinsic evidence - Use of.Identification Parade-Necessity of keeping accused baparda explained - Evidence of identification - When of weak character.Three of the four accused persons were related to one another and the fourth was a friend. One of them entered into a deal for the purchase of land but found it difficult to finance the transaction. The prosecution alleged that all of them entered into a conspiracy to obtain money by means fair and foul and in pursuance of that they hit upon a plan to hire a taxi, take possession of it, do away with the driver and utilise the sale proceeds for payment of the purchase money. By giving a false reason they hired a taxi in Dehra Dun, droveit by a forest road and after killing the driver they changed the number plate and reached Bombay. When they tried to sell the taxi in Bombay a discrepancy was noticed in the chassis number whereupon respondent No. 1 made good his escape. Eventually respondent no. 1 was caught. He made a confessional statement before a magistrate detailing various parts played by each of the accused. The Session Judge convicted all the respondents under ss. 302 read with s. 34 IPC and also under s. 120B. All the accused were convicted of various other offences. On appeal the High Court reversed the judgment of the Sessions Judge and acquitted all the respondents on the ground that (i) since the confession of respondent No. 1 was not voluntary no reliance could be placed on it; (ii) the evidence of identification is a very weak type of evidence and should be closely scrutinised before reliance could be placed on it; and (iii) the statements of P. Ws. 5 and 7 before the trial court were inconsistent with their statements made before the committing magistrate.After special leave to appeal to this Court was granted to the State three respondents surrendered while one remained absconding. One of the three later died.
Judge	Hon'ble Mr. Justice S. Murtaza Fazal Ali
Neutral Citation	1978 INSC 142
Petitioner	State Of U.p.
Respondent	Boota Singh & Others
SCR	[1979] 1 S.C.R. 298
Judgement Date	1978-08-22
Case Number	32

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State of U.p. Vs. Boota Singh & Others

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