IMPORTANT POINT
Statement u/s 313 Cr.P.C. - scope.

ORDER

1. This appeal by special leave is directed against the judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.108 of 2004 dated 19.10.2005.

2. The appellant, before us is convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (“IPC” for short) and sentenced to imprisonment for life, by the Trial Court, on the allegation that he has caused the death of one Ranga Rao in a quarrel which ensued between Ranga Rao and one Smt. Shantabai (other accused who expired during the trial). The Prosecution, in support of its case, had examined several witnesses, including six eye—witnesses— P.Ws. 4, 5, 6, 7, 8 and 10. The Trial Court, taking into consideration the evidence of P.Ws. 4, 5, 7, 8 and 10, has convicted and sentenced the appellant and two others, as mentioned earlier. Aggrieved by the said judgment and order passed by the Trial Court, the appellant and two others were before the High Court in an appeal filed under Section 374(2) of the Code of Criminal Procedure,1973 (“the Code” for short).

3. The High Court, after re-appreciation of the evidence on record, has acquitted the two other accused, but has convicted the appellant only for an offence under Section 302 of the I.P.C. It is the correctness or otherwise of the said order which is called in question by the appellant before us.

4. We have heard learned counsel for the parties to the lis.

5. Learned counsel appearing for the appellant has taken us through the judgment and order passed by the High Court. We gather on perusal of the judgment that the High Court after detailed consideration of the evidence of P.Ws. 4, 5, 7 and 8 has rejected the same for the reasons assigned in the judgment. However, it has confirmed the order of the Trial Court primarily based on the evidence of PW-10, that too by drawing a distinction based on the analysis of the question: “whether P.W.10 was present at the time of the incident or at least after the incident.” The High Court comes to the conclusion and records that since P.W.10 had taken the deceased to the hospital, he could have been present at least after the incident.

6. To come to a conclusion that P.W.10 was present at the time of the incident, strangely, in our opinion, the High Court has relied upon the statement made by the accused-appellant under Section 313 of the Code. In our opinion, first and foremost, as the law stands today, the statement of the accused recorded under Section 313 of the Code cannot be put against the accused person. The courts may rely on a portion of the statement of the accused and find him guilty in consideration of the other evidence against him led by the prosecution. The statement made under this Section should not be considered in isolation but in conjunction with evidence adduced by the prosecution.

7. This Court in Manu Sao v. State of Bihar, (2010) 12 SCC 310, has examined the vital features of Section 313 of the Code and the principles of law as enunciated by judgments, analysing the guiding factors for proper application and consequences that shall flow from the said provision and has observed :

“14. The statement of the accused can be used to test the veracity of the exculpatory nature of the admission, if any, made by the accused. It can be taken into consideration in any enquiry or trial but still it is not strictly evidence in the case. The provisions of Section 313(4) explicitly provides that the answers given by the accused may be taken into consideration in such enquiry or trial and put in evidence against the accused in any other enquiry or trial for any other offence for which such answers may tend to show he has committed. In other words, the use is permissible as per the provisions of the Code but has its own limitations. The courts may rely on a portion of the statement of the accused and find him guilty in consideration of the other evidence against him led by the prosecution, however, such stateme