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GOUTAM BHADURI, SANJAY S. AGRAWAL
Surya Kumar Vatti S/o. Punit Ram Vatti – Appellant
Versus
State of Chhattisgarh, Through the District Magistrate, Chhattisgarh – Respondent
JUDGMENT :
Sanjay S. Agrawal, J.
1. This appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment of conviction and order of sentence dated 06.12.2019 passed by Sessions Judge, Kondagaon, District-Kondagaon in Sessions Trial No. 21/2019, whereby the appellant has been convicted for the offence punishable under Section 302 of I.P.C. and has been sentenced to undergo rigorous imprisonment for life and fine of Rs.5,000/-, in default of payment of fine amount, he has to undergo additional R.I. for 1 month.
2. The facts, which are essential for adjudication of this appeal, are that on 19.12.2018 at about 09:00 pm to 10:00 pm, the appellant/accused has committed the murder of his father-Punit Ram Vatti by assaulting him with the aid of axe (Tangiya) on his head and neck and thereafter went to the house of his uncle (Santuram Vatti), the complainant, on the same day at 11:00 pm and informed him that he murdered his father as he often used to quarrel with him and had earlier lodged the report against him. The complainant, Santuram Vatti went to his brother’s house, namely, Anturam Vatti and thereafter, they
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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....
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.
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
The main legal point established in the judgment is the requirement for an extra-judicial confession to be voluntary, truthful, and supported by corroboration. The court emphasized the need for the c....
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