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K.T.THOMAS, R.P.SETHI
Gura Singh – Appellant
Versus
State Of Rajasthan – Respondent
Key Points: - The judgment discusses the evidentiary value and voluntariness of an extra-judicial confession and the need to scrutinize surrounding circumstances to ensure it is not tainted by improper considerations. (!) (!) (!) - It addresses the issues arising when key witnesses are declared hostile or interested, and how reliance on their testimony affects the conviction based on extra-judicial confession. (!) (!) (!) - The case notes that while eye-witnesses are admitted in this instance, the conviction was supported by extra-judicial confession, discovery of the weapon, and motive, with the court evaluating the credibility of the witnesses and the circumstances surrounding the confession. (!) (!) (!)
JUDGEMENT:
(1) IN an otherwise quite and small village under Police Station Karanpur, District Sriganganagar (Rajasthan) an unusual spine chilling occurrence took place in the wee hours of 7th July, 1976 resulting in the commission of an offence of patricide. The killer is the appellant and victim his unfortunate father. Such a heinous crime was committed on trifle issue which commenced with the altercation between the father and the son. Father reminded the appellant of his wasteful expenditure which was not to the liking of the son who pulled down the deceased on the ground and smashed his skull with a Kassi (Dagger). On the next morning the appellant went to Jarnail Singh (Public Witness 2) and confessed about the commission of the crime and the manner in which the injuries were caused resulting in the death of the deceased Bhajan Singh. In the company of Jarnail Singh (Public Witness 2), the appellant approached Billor Singh (Public Witness 5), Niranjan Singh (Public Witness 6) and Joginder Singh (Public Witness 7) making before them the extra judicial confession and requesting them to help him. Jarnail Singh (Public Witness 2) and Billor Singh (Public Witness 5) thereafter call
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