Admissibility of confessional FIRs and extra judicial confessions as evidence in criminal cases

R.D. Kothari, J.

1. The appellant is the sole accused in the present case. The appellant after giving 'dharia' blow to his wife on the neck reported the same to the police at the Police Station. The say of the accused was reduced into writing by the PSO. It is registered as C.R. No. I-31 of 2006 and on the basis of this FIR, police started investigation. The wife has died on the spot. Learned advocate Shri Patel at the time of hearing has vehemently submitted that confessional FIR in the present case is not admissible and has no evidentiary value. The learned advocate has mainly placed reliance on the decision of the Apex Court in the case of Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119.

1.1. To a lay person, nothing more is required when the accused confesses his crime before the Police. Sadly, record of the case shows that the responsible Police Officer appears to hold the view on this line. First facts.

2. The facts lay in fairly narrow compass, the same are thus:--

"2.1. The incident has occurred on 12.12.2006 at about 9:30 a.m., at Ambaliya Vaas, Village Mandal, District : Ahmedabad. It is the case of the prosecution that the accused had come to the Police Station at about 10:15 a.m., and had declared that he had a quarrel with his wife and he had given 'dharia' blow to his wife on her face and neck and has killed his wife. The accused was accompanied by his two children. Shri Vaghela - PSO of Mandal Police Station (PW-14) had reduced the said information in writing and has forwarded the complaint to PSI - Shri Patel (PW-17) for investigation. PSI sent the yadi to Executive Magistrate for inquest panchnama. It is further the case of the prosecution that the accused had accompanied PSI - Patel at his residence. PSI Patel, with the aid of two panchas has carried out the panchnama of the scene of offence and thereafter with the aid of two panchas and one lady panch, inquest panchnama was carried out. After completing inquest panchnama at about 12:20 p.m., PSI, Patel forwarded body for PM. PSI had also in the presence of panchas recovered the clothes of the deceased and the clothes accused was wearing. Muddammal was sent to FSL. Thereafter i.e., at 13:55 p.m., the accused was arrested.

2.2. Upon completion of investigation, the Police had filed the charge sheet. Accordingly, the case was committed to the Sessions Court. Before the Sessions Court, the prosecution has examined 17 witnesses and had also produced relevant documentary evidence. The learned trial Court after considering the material on record and submissions made by the learned advocate for the parties, was pleased to convict the present appellant and imposed sentence under Section 302 IPC."

3. Heard the learned advocate for the parties.

"3.1. Learned advocate Shri Patel for the appellant at the time of hearing has submitted that FIR is not reliable in the facts and circumstances of the case and it is also the case of the defence that FIR is not legal and admissible in evidence. The principal submission of learned advocate Shri Patel is confessional FIR has no evidentiary value. In this regard, learned advocate Shri Patel has drawn attention to Aghnoos' case (supra) and other case laws. On the other hand, learned APP Mr. Jani had supported the judgment under appeal and relying on Sucha Singh v. State of Haryana, (2013) 14 SCC 552 and other cases has submitted that no interference is called for in the order of conviction passed by the learned trial Court.

3.2. The objection taken that in the facts and circumstances of the case FIR is not reliable may be considered first.

3.3. The claim that FIR is got up one because it is not recorded as per the say of the complainant and that declaration made before the Police is held back by the Police, is based on the say that on the occurrence of the incident PW-10 with other leading persons of the community had gone to the Police Station to lodge the complaint, however, the Police had not paid any heed to PW-10 or to the ot