N.V.RAMANA, S.ABDUL NAZEER
RAJU MANJHI – Appellant
Versus
STATE OF BIHAR – Respondent
The legal document primarily discusses the following key points:
Identification Parade: The identification parade, governed by Section 162 of the Criminal Procedure Code, is not considered substantive evidence. Its purpose is to assist the investigation, and failure to hold such a parade does not render other evidence inadmissible or invalidates the prosecution's case (!) (!) .
Evidence and Confession: Statements and confessional remarks made by the accused, including those recorded outside a Magistrate's presence, can be legally considered if they are linked to the discovery of incriminating evidence and are corroborated by recoveries or other evidence. Such confessions, when made under proper circumstances, can be valid and admissible (!) (!) (!) (!) .
Motive: While motive can be a significant link in circumstantial evidence cases, its absence does not necessarily weaken the prosecution's case if there is abundant direct evidence establishing the accused's involvement. The confessional statement and other direct evidence in this case sufficiently established the motive and participation (!) (!) .
Participation and Evidence: The evidence indicates the accused's involvement through confessional statements, recoveries made at his disclosure, and his presence at the scene. Non-identification by witnesses does not necessarily falsify the prosecution case, especially when other corroborative evidence is available (!) (!) (!) .
Credibility of Evidence: The case emphasizes that the credibility of confessional statements and recoveries depends on their circumstances and how they are obtained. Properly obtained confessions and recoveries, supported by other evidence, are sufficient to establish guilt beyond reasonable doubt (!) (!) .
Court’s Appreciation: The courts have appropriately evaluated the evidence, including confessional statements, recoveries, and the circumstances of the case, leading to a justified conviction. The appellate court finds no reason to interfere with the conviction and sentence based on the evidence on record (!) (!) .
In summary, the document underscores that identification parade results are not substantive evidence, confessional statements and recoveries are admissible when properly obtained and corroborated, and the absence of motive or witness identification does not necessarily undermine the prosecution's case if direct and reliable evidence is present.
JUDGMENT
N.V. RAMANA, J.
1. This appeal is directed against the judgment dated 3rd August, 2005 passed by the High Court of Judicature at Patna in Criminal Appeal (D.B.) No. 447 of 2001, whereby the High Court dismissed the appeal filed by the accused—appellant herein and upheld the order of conviction and sentence passed by the learned Additional District & Sessions Judge, Gaya.
2. Briefly stated, the facts of the case as culled out from the case of prosecution are that in the intervening night of 11th and 12th January, 1999 a group of assailants consisting 10 to 12 persons including the appellant herein, all aged between 20 to 25 years, barged into the house of one Kamdeo Singh of the village Banbareya, P.S. Moffasil, District Gaya and decamped with golden ornaments, pants and cash. In the protest by the inmates of the house, the assailants caused injuries to Kamdeo Singh, his fatherinlaw Kameshwar Singh, son Niraj Kumar (PW2), wife Sita Devi and daughterinlaw Reena Devi. The stolen items include golden bangle, golden rings, cash of Rs.5,000/and altogether the worth of stolen property would be Rs.25,000/. At about 2 am in the night, Kamdeo Singh lodged a complaint with the Moffas
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