IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ, APURBA SINHA RAY
Rabi Murmu – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. The judgment of conviction and order dated 15.05.2013 and 16.05.2013 passed by the Learned Sessions Judge, Purulia in Sessions Trial No. 33 of 2012, Sessions Case No. 237 of 2012 was under challenge in this appeal on the grounds, inter alia that the order of conviction of the appellant under Section 302/201 of the Indian Penal Code sentencing the appellant to suffer imprisonment for life and to pay a fine of Rs. 2,000/-, in default to suffer further rigorous imprisonment for six months etc. was passed without considering the materials on record.
2. The learned counsel appearing for the appellant has submitted that the impugned judgment is not sustainable in law since no confessional statement of the convict under Section 27 of the Evidence Act was recorded by the investigation officer and further the places of recovery of weapons were not proved since there was no eye witness who saw the appellant to kill his parents. The seizure lists were not proved in accordance with law. Further the record shows that the police personnel accompanied the appellant to the places of occurrence. There was no FSL Report in respect of the seized weapons and other arti
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Extra-judicial confessions made in police presence are inadmissible if not proven voluntary, requiring solid evidence for circumstantial convictions.
Extra-judicial confessions are weak evidence requiring corroboration and should be credible; reliance on insufficient evidence led to the appellant's acquittal.
For a conviction based on extra-judicial confession, corroborative evidence is essential, and any substantial contradictions in testimonies undermine its reliability.
The convicting based solely on circumstantial evidence and extra-judicial confessions requires corroborative proof and must adhere to well-established principles regarding such evidence.
Circumstantial evidence must form a complete chain without breaks, and extrajudicial confessions require corroboration; benefit of doubt is given to the accused when evidence is insufficient.
The main legal point established in the judgment is that extra judicial confession and recovery of evidence are weak pieces of evidence and must inspire confidence. The prosecution must establish a c....
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
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