Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 396and120 B Penal Code 1860-ss. 364 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 364, 396 and 120 B - Abduction, dacoity and murder - Recovery of looted money from the possession of few accused - One accused declared approver - Trial Court Convicting the accused on the basis of Statement of the approver - On appeal, High Court remanding the case for fresh commital since the trial was based on statement of approver not recorded as per procedure laid down u/s 306 Cr.P.C. - Fresh Committal after recording statement of the approver - Conviction after fresh trial, on the basis of the statement of approver - Confirmed by High Court - On appeal, held: Conviction justified - Evidence of approver is fully corroborated and thus reliable - There is no illegality in procedure adopted for recording his statement after remand of the case - Code of Criminal Procedure, 1973 - s. 306.Evidence Act, 1872 - ss. 133 and 114 illustration (b) - Approver - Statement of - Reliability on - Corroboration - Need for - Held: Necessity of corroboration of statement of approver is a matter of prudence, except when it is safe to dispense with such corroboration - Code of Criminal Procedure, 1973 - s. 306.Appellants-accused with others was charged for committing dacoity and murder of a lady. Prosecution case was that the deceased was coming in her car, with some amount of money, driven by her driver (accused). When she did not return home, her husband (PW 1) lodged a complaint against the driver-accused. Dead-body of he deceased was found, car was found elsewhere in abandoned condition by the Police. After arrest of driver-accused, part of looted money was recovered from his house. He also disclosed the names of his associates. Pursuant whereto other accused were arrested. Part of the looted money was recovered also from the house of the other accused. Still another accused confessed his guilt and expressed his desire to give his statement with regard to the occurrence. His statement was recorded u/s 306 Cr.P.C. and was granted person as approver. After trial appellant alongwith other accused was convicted. In the appeals, High Court noticed that examination of the approver u/s 306 Cr.P.C. was not in the presence of the other accused and he was also not cross-examined. Therefore, setting aside the judgment of trial Court, it remanded the case for fresh committal proceedings. Magistrate was directed to examine the approver (PW-6) Magistrate after examining the approver, as per the procedure, committed the case for trial. Trial court convicted the accused u/ss 364, 396 and 120 BIPC. High Court upheld the conviction. Hence the present appeals. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1145 |
Petitioner | Sitaram Sao@mungeri |
Respondent | State Of Jharkhand |
SCR | [2007] 11 S.C.R. 997 |
Judgement Date | 2007-11-12 |
Case Number | 1528 |
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