Case Note & Summary
The appellant, Sharad s/o Prabhakar Waghmare, was convicted under Section 302 of the Indian Penal Code for the murder of his father, Prabhakar, and sentenced to life imprisonment. The prosecution case was that on 23rd April 2010, the appellant assaulted his father with a wooden rafter and stone after an altercation, causing instantaneous death. The appellant allegedly made an extra-judicial confession to the Police Patil (PW3) immediately after the incident. The trial court relied heavily on this confession to convict the appellant. On appeal, the High Court examined the evidence and found that the extra-judicial confession was not voluntary, as the appellant was in police custody when it was allegedly made, and there was no independent corroboration. The court also noted inconsistencies in the prosecution's case, including the lack of eyewitnesses and the failure to explain the delay in lodging the FIR. Consequently, the High Court set aside the conviction and acquitted the appellant, holding that the prosecution failed to prove its case beyond reasonable doubt.
Headnote
A) Criminal Law - Murder - Extra-judicial Confession - Section 302 Indian Penal Code, 1860 - Conviction based solely on extra-judicial confession - Held that extra-judicial confession must be voluntary, truthful, and corroborated by other evidence; in the absence of corroboration and where the confession is not reliable, conviction cannot be sustained (Paras 1-10).
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 in law.
Final Decision
The appeal is allowed. The judgment and order of conviction dated 31st December 2010 passed by the learned Extra Joint Ad-hoc Additional Sessions Judge, Nagpur in Sessions Trial No. 291/2010 is set aside. The appellant is acquitted of the offence under Section 302 of the Indian Penal Code. The appellant be set at liberty forthwith, if not required in any other case.
Law Points
- Extra-judicial confession must be voluntary
- truthful
- and corroborated
- conviction cannot be based solely on an unreliable extra-judicial confession
- burden of proof on prosecution to prove guilt beyond reasonable doubt
