Case Note & Summary
The appellant, Suresh Ladak Bhagat, was convicted by the Additional Sessions Judge, Palghar, for the murder of his wife Lalita Bhagat under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The case was based on an extra-judicial confession allegedly made by the appellant to PW-1 Laxman Bhoye, who lodged the FIR. According to the prosecution, on 18 October 2010, PW-1 was informed that the appellant had killed his wife. He went to the spot and found the appellant sitting beside the dead body. The appellant allegedly confessed to PW-1 that he had assaulted his wife with a stick after she did not respond to his knocking, and later found her dead. On this basis, the police registered a case and after trial, the appellant was convicted. In appeal, the High Court examined the evidence. PW-1 turned hostile and did not support the prosecution case regarding the extra-judicial confession. The court noted that the entire case rested on this confession, which was not corroborated by any other evidence. The other prosecution witnesses were not examined or did not support the case. The court held that an extra-judicial confession, without corroboration, cannot be the sole basis for conviction. The appeal was allowed, the conviction was set aside, and the appellant was acquitted. The court directed that the appellant be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Extra-judicial confession - Corroboration - Indian Penal Code, 1860, Section 302 - The appellant was convicted for murder based on an extra-judicial confession allegedly made to PW-1. However, PW-1 turned hostile and did not support the prosecution case. The court held that an extra-judicial confession, if not corroborated by other evidence, cannot be the sole basis for conviction. The appeal was allowed and the conviction was set aside. (Paras 1-11) B) Evidence Law - Hostile Witness - Extra-judicial confession - Indian Evidence Act, 1872, Section 145 - The witness to the extra-judicial confession (PW-1) turned hostile and did not depose about the confession in court. The court held that the prosecution cannot rely on such a confession without corroboration. The accused was given the benefit of doubt. (Paras 3-11)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based solely on an extra-judicial confession is sustainable when the witness to the confession turned hostile and there is no other corroborative evidence.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the Additional Sessions Judge, Palghar in Sessions Case No.5 of 2011 are set aside. The appellant is acquitted of the offence under Section 302 IPC. He shall be released forthwith unless required in any other case.
Law Points
- Extra-judicial confession
- Corroboration
- Hostile witness
- Circumstantial evidence
- Benefit of doubt
