Case Note & Summary
The appellant, Dular Munda, was convicted by the learned Sessions Judge, South Goa, at Margao for the murder of Sachin Oraon under Section 302 IPC and sentenced to life imprisonment. The prosecution's case was based entirely on circumstantial evidence, including a confession allegedly recorded by a Special Judicial Magistrate (PW7). The appellant appealed against the conviction. The High Court examined the circumstances relied upon by the trial court and found that they were not incriminatory and did not form a complete chain pointing only to the guilt of the appellant. Additionally, the court considered the validity of the confession recorded by PW7. It was noted that PW7 was appointed as a Special Judicial Magistrate under Section 13 Cr.P.C. for the local areas of Salcete and Mormugao Talukas only, as per Notification dated 16th January, 2015. However, the confession was recorded at Goa Medical College, Bambolim, which is outside these areas. Therefore, the confession was held to be invalid and inadmissible. The court concluded that the prosecution failed to prove the case beyond reasonable doubt, and the conviction was unsustainable. The appeal was allowed, the conviction and sentence were set aside, and the appellant was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires that the circumstances form a complete chain pointing only to the guilt of the accused - In the present case, the circumstances relied upon by the trial court were not incriminatory and did not exclude every hypothesis of innocence - Held that the conviction was unsustainable (Paras 5-10).
B) Criminal Procedure - Confession - Territorial Jurisdiction of Special Judicial Magistrate - Section 13 Code of Criminal Procedure, 1973 - A Special Judicial Magistrate appointed under Section 13 Cr.P.C. can record confessions only within the local areas specified in the notification - In this case, the Special Judicial Magistrate (PW7) recorded a confession at Goa Medical College, Bambolim, which was beyond the areas of Salcete and Mormugao Talukas specified in the Notification dated 16th January, 2015 - Held that such confession is invalid and inadmissible (Paras 6-7).
Issue of Consideration
Whether the conviction under Section 302 IPC based on circumstantial evidence and a confession recorded by a Special Judicial Magistrate beyond his territorial jurisdiction is sustainable.
Final Decision
The appeal is allowed. The impugned judgment and order dated 13th November, 2018 convicting the appellant for offence under Section 302 IPC and sentencing him to life imprisonment is set aside. The appellant is acquitted and directed to be released forthwith unless required in any other case.
Law Points
- Circumstantial evidence must form complete chain
- Confession by Special Judicial Magistrate beyond territorial jurisdiction invalid
- Section 13 Cr.P.C. territorial limits
- Section 302 IPC conviction requires proof beyond reasonable doubt
Case Details
2020 LawText (BOM) (01) 114
Criminal Appeal No.27 of 2019
M. S. Sonak, Smt. M. S. Jawalkar
Mr. Salil Saudagar (for Appellant), Mr. Pravin Faldessai (for Respondents)
State of Goa, The Public Prosecutor
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal by challenging the conviction and life sentence.
Filing Reason
Appellant was convicted for murder based on circumstantial evidence and a confession recorded by a Special Judicial Magistrate beyond his territorial jurisdiction.
Previous Decisions
The learned Sessions Judge, South Goa, at Margao convicted the appellant on 13th November, 2018 in Sessions Case (302) No.9/2017.
Issues
Whether the conviction based on circumstantial evidence is sustainable when the circumstances do not form a complete chain pointing to guilt.
Whether a confession recorded by a Special Judicial Magistrate beyond his territorial jurisdiction under Section 13 Cr.P.C. is admissible.
Submissions/Arguments
Appellant argued that the case is based entirely on circumstantial evidence and the circumstances relied upon are not incriminatory and not proved in accordance with law.
Appellant argued that the confession recorded by PW7 is invalid as PW7 was appointed only for Salcete and Mormugao Talukas, but recorded the confession at Goa Medical College, Bambolim, which is beyond those areas.
Ratio Decidendi
A conviction based on circumstantial evidence requires that the circumstances form a complete chain pointing only to the guilt of the accused, excluding every hypothesis of innocence. Additionally, a confession recorded by a Special Judicial Magistrate beyond the territorial limits specified in the notification under Section 13 Cr.P.C. is invalid and inadmissible.
Judgment Excerpts
This appeal is directed against the judgment and order dated 13th November, 2018 made by the learned Sessions Judge, South Goa, at Margao in Sessions Case (302) No.9/2017 convicting the Appellant of the offence punishable under Section 302 of the Indian Penal Code (IPC)...
Mr. Saudagar submits that in the present case, the learned Sessions Judge has treated the so called declaration recorded by the Special Judicial Magistrate (PW7), as some extra judicial confession. He submits that the evidence of PW7 is required to be excluded in its entirety because PW7, in terms of the Notification dated 16th January, 2015 issued under Section 13 of the Code of Criminal Procedure, was empowered to function as such only for the local areas of Salcete and Mormugao Talukas.
Procedural History
On 10th October, 2017, charge was framed against the appellant for murder under Section 302 IPC. The appellant pleaded not guilty and trial commenced. The prosecution examined 14 witnesses. The appellant's statement under Section 313 Cr.P.C. was recorded. The appellant did not lead defence evidence. The learned Sessions Judge convicted the appellant on 13th November, 2018. The appellant filed the present appeal.
Acts & Sections
- Indian Penal Code, 1860: 302
- Code of Criminal Procedure, 1973: 13, 313
