Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder Extra Judicial Confession Life Imprisonment |
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 - s. 302 - Murder - Life imprisonment - Homicidal death of 10 month old girl child due to drowning - Prosecution case that the child had been thrown into the well by her father (appellant) as there were problems between the appellant and his parents regarding the child being unlucky for the family - Conviction of appellant by Courts below on basis of extra-judicial confessional statement made by him before PW1 - Justification of - Held: Justified - Extra judicial confessional statement attributed to appellant found to be voluntary, truthful and unaffected by any inducement that could render it unreliable or unworthy of credence - It was made by appellant to PW1 almost immediately after commission of the crime - Corroboration by medical evidence and deposition of other witnesses - Deposition of PW1 inspires confidence in the absence of any material deficiency in the same either in terms of what has been recorded by him or the procedure that he followed while doing so - More importantly, no suggestion that PW1 had any animosity or other reason which would impel him to go so far as to involve the appellant in a case of murder - Courts below correctly appreciated the deposition of PW1 and found him to be reliable.Evidence - Extra judicial confession - Appreciation of - Held: An extra judicial confession is capable of sustaining a conviction provided the same is not made under any inducement, is voluntary and truthful - Whether or not these attributes of an extra judicial confession are satisfied in a given case will, however, depend upon the facts and circumstances of each case -It is eventually the satisfaction of the Court as to the reliability of the confession, keeping in view the circumstances in which the same is made, the person _ to whom it is alleged to have been made and the corroboration, if any, available as to the truth of such a confession that will determine whether the extra judicial confession ought to be made a basis for holding the accused guilty.Evidence - Medical evidence - Appreciation of - On facts, the medical evidence adduced suggests that death of the deceased child was caused by drowning - Congestion of his lungs implies presence of excess fluids in the lungs, a sign suggesting that the child would have inhaled excess fluid while in water - Presence of watery fluid even in stomach of the deceased an important sign of death by drowning - It is almost impossible for water to get into the stomach, if a body is submerged after death - Absence of any other marks on the body of the child also supports the prosecution case that the child had indeed died of drowning. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 109 |
Petitioner | R. Kuppusamy |
Respondent | State Rep. By Inspector Of Police, Ambeiligai |
SCR | [2013] 4 S.C.R. 136 |
Judgement Date | 2013-02-19 |
Case Number | 1706 |
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