Case Note & Summary
The High Court of Judicature at Bombay, Nagpur Bench, heard a criminal appeal filed by Shyam Gadbail against his conviction by the Additional Sessions Judge, Achalpur, under Section 302 of the Indian Penal Code for the murder of his sister-in-law, Suvarna. The prosecution case was that on 25 June 2004, following an earlier altercation, the appellant attacked the deceased with a stone while she was sleeping, causing fatal head injuries. The appellant himself went to the police station and lodged a report confessing to the crime. The trial court relied on this confessional report and convicted the appellant, sentencing him to life imprisonment. On appeal, the High Court examined the evidence. All material witnesses, except the husband of the deceased, turned hostile. The husband’s evidence was limited to a previous quarrel and did not prove the appellant’s involvement in the actual assault. The only incriminating evidence consisted of the statements of P.W.5 (Head Constable Ingale) and P.W.7 (PSI Shegokar) who recorded the appellant’s oral confession at the police station. The court noted that this evidence amounted to a confession made to a police officer and was thus inadmissible under Section 25 of the Indian Evidence Act, 1872. The trial court had also failed to consider the absence of crucial evidence: the C.A. reports were not filed, the weapon (stone) was not produced, and no witness connected the appellant to the crime. The High Court held that without any corroborative evidence, the conviction could not stand. Accordingly, the appeal was allowed, the conviction and sentence were quashed, and the appellant was acquitted. Fine, if paid, was ordered to be refunded, and the bail bond was cancelled.
Headnote
A) Criminal Law - Evidence - Confession to Police - Section 25 of the Indian Evidence Act, 1872 - A confession made by an accused to a police officer is not admissible in evidence. The High Court held that the trial court erred in relying solely on the report/statement (Exhibit 24) given by the appellant at the police station, which amounted to a confession, and that such evidence is barred under Section 25. In the absence of any other corroborative evidence linking the accused to the crime, the conviction under Section 302 IPC could not be sustained. Held, the prosecution failed to prove guilt beyond reasonable doubt, and the accused is entitled to acquittal (Paras 14-15).
Issue of Consideration
Whether a conviction under Section 302 of the Indian Penal Code can be sustained based solely on an extra-judicial confession made to the police, which is inadmissible under Section 25 of the Indian Evidence Act, in the absence of any other corroborative evidence.
Final Decision
The appeal was allowed. The impugned judgment of conviction was quashed and set aside. The appellant was acquitted of the offence under Section 302 IPC. Fine, if paid, to be refunded. Bail bond cancelled.
Law Points
- Confession made to police is inadmissible under Section 25 of the Indian Evidence Act
- conviction cannot be based solely on confession to police without corroborative evidence.
