Case Note & Summary
The appellant, Brahmaji Maroti Dakhore, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of Navnath Kondiba Mahatre and sentenced to life imprisonment by the Additional Sessions Judge-3, Nanded on 16.09.2015 in Sessions Case No.158/2013. The prosecution case was that the appellant gave information to the police on 31.05.2013 that he had committed the murder on 29.05.2013 after seeing his wife and the deceased in a compromising position. The appellant allegedly took the deceased to a forest area, assaulted him with stones, and later led the police to the spot where the dead body was discovered. The trial court relied on the extra-judicial confession made by the appellant to the police and the discovery of the body. The appellant appealed against the conviction. The High Court examined the evidence and found that the extra-judicial confession was made to a police officer and thus inadmissible under Section 25 of the Indian Evidence Act, 1872. Even if considered, it lacked corroboration from independent witnesses or circumstances. The court noted that the prosecution did not examine any independent witness to the confession or the discovery, and the circumstantial evidence was insufficient to prove guilt beyond reasonable doubt. The court held that the conviction was based solely on an unreliable confession and set aside the conviction, acquitting the appellant.
Headnote
A) Criminal Law - Murder - Extra-Judicial Confession - Corroboration - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder based on his extra-judicial confession to the police. The court held that an extra-judicial confession made to a police officer is inadmissible under Section 25 of the Indian Evidence Act, 1872, and even if admissible, it requires corroboration. The prosecution failed to provide independent corroboration, and the circumstances did not conclusively point to the appellant's guilt. Held that the conviction is unsustainable and the appellant is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on an extra-judicial confession and circumstantial evidence is sustainable.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the trial court are set aside. The appellant is acquitted of the charge under Section 302 IPC. He is directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Extra-judicial confession
- Corroboration
- Circumstantial evidence
- Benefit of doubt
- Section 302 IPC
