1965 Supreme(AP) 40
Andhra Pradesh High Court
In Re.Yendra Narasimha Murthy - Appellant
Versus
. - Respondent
Decided On : 02-23-65
A statement made by an accused person to a judicial officer before any investigation has at all commenced, or is totally outside the scope of any such investigation is not liable to be excluded, unless the provisions of Section 164 Criminal Procedure Code had also been complied with.
Headnote:
CRIMINAL LAW - MURDER - CONFESSION - ADMISSIBILITY - STATEMENT MADE BY ACCUSED TO MAGISTRATE BEFORE REGISTRATION OF CASE OR INVESTIGATION - NOT INADMISSIBLE - EVIDENCE ACT, SS. 21, 24, 26.
Fact of the Case:
The accused was charged with murder. He made a statement to a Magistrate before any case was registered against him or any investigation was pending. The Magistrate recorded the statement in the manner prescribed by Section 164 of the Criminal Procedure Code, but he did not observe the formalities required by that section.
Finding of the Court:
The court held that the statement was admissible in evidence under Section 21 of the Evidence Act, which renders admissions liable to be admitted in evidence, unless they fall within the mischief of the succeeding sections, such as Sections 24, 25 and 26. The court further observed that the position that statements recorded under Section 164 of the Criminal Procedure Code themselves are inadmissible unless the formalities of that section are strictly adhered to, would not appear to be the latest and the current view of the law.
Issues: Whether a statement made by an accused person to a judicial officer before any investigation has at all commenced, or is totally outside the scope of any such investigation is liable to be excluded, unless the provisions of Section 164 Criminal Procedure Code had also been complied with.
Ratio Decidendi: The court held that a statement made by an accused person to a judicial officer before any investigation has at all commenced, or is totally outside the scope of any such investigation is not liable to be excluded, unless the provisions of Section 164 Criminal Procedure Code had also been complied with.
Final Decision: The court held that the statement made by the accused to the Magistrate was admissible in evidence.
( 1 ) 1-22. Anantanarayana Ayyar, J. x xxxx 23. Item (1): Ex. P. 6 is a most important piece of evidence and if runs as follows: "myself and a jewel merchant Tatayya killed Kammamettu Manikyam of Kotapadu village by twisting her neck near the tank which is by the side of Annapurna Talkies after one reel of first show was over. I kept thai girl for some time. I went away after 5 years when it was felt difficult in their house, Till then I stayed in their house. I went to Kamavarapukota. When my photos were there, that girl used to revolt against her husband and son because they used to tear my photos. She sent for me when her son-in-law, husband, and daughter attempted together to kill her. I went from Chintalapudi to Karnams house at Kotapadu and sent word. Four years back, she told me that they tried to kill her and that she wanted to come away with me and she started. I told her that it was not possible and threatened her I came away. Afterwards she herself came to me to Eluru. I look her to Kamavarapukota and kept her there. I consoled her and when 1 asked her to go home she did not go. I wrote letters to Recherla Karnam and to the husband of that girl without furnishing my name and address. After 3 months they came and took her. While they were writing letters now and then, I used to go there. Afterwards as he was unable to hear her body she kept this jewel merchant Tatayya. Later on I came to know after some days. I asked her; for that she said that it was true and she kept him. I told her to suffer as she liked. From that date, he used to go. If necessary she used to send for me through him. He used to take me since then He used to gather information about my welfare, and difficulties now and then, and used to tell her. I escaped from her informing her that I was moving with elders from one year. Afterwards, I went away to Aswaraopet. Whenever, the Kaniam of that village was asking me to come, on seeing me at Elurn for Photographing, I was not going. When Kotapadu karnarn and Gantipati Subbarao pressed me to come I sent word that I would come on a particular day and month and ten days were over. It might be 21st of last month. Afterwards, I went to Kotapadu at 6 Oclock in the evening. While I was going to Karnams house, through washerman bazar, the son of that girl aged 25 years (P. W. 2) and another four persons beat me together in the bazar. Afterwards, they took me to the house of the President. President reprimanded them and sent them away. T agreed that it was my mistake and fault. I sent a report to Vissaunapeta police station and wrote a letter to Kotapadu Munsif from Chinlalapudi. I was not going since then. It seems Khammammettu Manikyam came to Chintatapudi today noon. While I was going to Eluru from Venkatayapuram for enlargement of photos I came to Chintalapudi al 6 Oclock in the evening. While I was going to bus stand the jewel merchant appeared and stopped me. I stayed away, as he stopped me saying that it was essential. It seems that girl told him that she herself made me to be beaten and he asked her whether she would do the same thing to him also tomorrow. She said that as I had gone abroad, she made it like that, and she said mat she was not willing to do like that to him. Again she told him that her son was ready to beaf him also. At last it seems he, demanded her the money she owed him. Afterwards when he told me that she abused me, I informed him that I could not believe. Afterwards, I met that girl by the side of the Annapurna talkies after the cinema was begun and asked her and knew. She told me that it was a fact to abuse me. I tokl her that in case I was insulted and beaten in the bazar I would feel it painful. When I told her that I used not to appear to her, she abused me. Afterwards I pushed her while standing. Afterwards, when she came for settlement, she threw me with her leg. She tokl me that in case I rejected her, she wanted me to think over what would happen to me. Tatayya was also prese
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