SUPREME COURT OF INDIA
S. Murtaza Fazal Ali and A. Varadarajan, JJ.
Narayan Singh and others - Appellants
versus
State of M.P. - Respondent
Criminal Appeal Nos. 308 and 420 of 1976
Decided on 19.7.1985

IMPORTANT POINT
The presumption that an extrajudicial confession is a very weak type oj evidence, is a wrong view of the law.

Headnote:(i) Indian Penal Code, 1860, Sections 148 and 302 read with section 149 – Appeal - Against sentence of imprisonment- In the instant case - Chronic land dispute - Deceased hired body-guard - Expected life threat from accused - Sessions Judge committed grave error of law in analysing and appreciating evidence of P. Ws. 11, 5 and 9 - State filed appeal before High Court.

       (ii) High Court reversed judgment of Sessions Judge -Convicted and sentenced accused - Hence this appeal –Sessions Judge swayed away by consideration - P.W.11 sole eye-witness did not immediately disclose names of accused-Extra-judicial confession to P.Ws. 5 and 9 not admitted-Sessions Judge did not attach much importance to recoveries. (Paras 1, 2 and 3)

       Held, we are fully satisfied that the judgment of Sessions Judge was absolutely perverse legally erroneous and based on wrong assumptions and, hence, this is a fit case for interference by High Court in reversing the judgment of the Sessions Judge and convicting the accused.

       Result-

       Appeals dismissed - Directions to take into custody the accused and send him to jail to serve out remaining portion of the sentence. (Para 5)