Case Note & Summary
The case involved the trial of Deoman Upadhyaya for the murder of Sukhdei on June 19, 1958. The prosecution's evidence was circumstantial, including an altercation between Deoman and Sukhdei, his borrowing of a gandasa, and his subsequent actions leading to the discovery of the weapon. The Sessions Judge convicted Deoman based on the evidence, but the High Court acquitted him, ruling that Section 27 of the Indian Evidence Act was unconstitutional as it discriminated against persons not in custody. The Supreme Court, however, upheld the validity of Section 27, stating that it did not violate Article 14 of the Constitution. The court reasoned that the distinction made by the legislature was based on practical realities of law enforcement and did not constitute arbitrary discrimination. The court emphasized that the admissibility of statements made by persons in custody was reasonable as it ensured the truth of the information leading to the discovery of evidence. Ultimately, the Supreme Court reversed the High Court's decision and reinstated the conviction of Deoman Upadhyaya.
Headnote
A) Constitutional Law - Equality Before Law - Discrimination in Evidence Admissibility - Indian Evidence Act, 1872, Section 27 - The court held that Section 27 does not offend Article 14 as it creates a reasonable distinction between persons in custody and those not in custody regarding the admissibility of statements leading to discovery. The legislature's distinction is justified based on practical considerations in criminal proceedings (Paras 1-30).
Issue of Consideration
Whether Section 27 of the Indian Evidence Act and subsection (2) of Section 162 of the Code of Criminal Procedure violate Article 14 of the Constitution.
Final Decision
The Supreme Court upheld the conviction of Deoman Upadhyaya, ruling that Section 27 of the Indian Evidence Act and subsection (2) of Section 162 of the Code of Criminal Procedure do not violate Article 14 of the Constitution. The court reinstated the admissibility of the statement made by the respondent leading to the discovery of the gandasa.
Law Points
- Admissibility of evidence
- equality before the law
- circumstantial evidence
- confessional statements
- Indian Evidence Act
- 1872
- Code of Criminal Procedure
- 1898
