Back
V.RAMKUMAR, K.PADMANABHAN NAIR
George @ Kunju – Appellant
Versus
State, Represented by the Public Prosecutor – Respondent
The authorship of concealment of articles is a crucial element under Section 27 of the Evidence Act. The recovery of articles based on a confession made by the accused under this section can only be considered valid if the authorship of the concealment is established. Without proof that the accused himself concealed the articles, the recovery cannot be classified as a "discovery" under Section 27. Merely possessing an article belonging to the deceased does not automatically imply that the accused was responsible for the murder or the concealment of the articles. Therefore, unless there is clear evidence linking the accused to the act of concealment, the recovery of articles in pursuance of a confession alone is insufficient to establish authorship.
Padmanabhan Nair, J.
The first accused in S.C.35 of 2002 on the file of V Additional Sessions Judge, Ernakulam has filed this appeal challenging the conviction and sentence imposed on him in the above said Sessions Case.
2. The appellant along with one Jose were chargesheeted by the Circle Inspector of Police, Muvattupuzha alleging that they committed the offences punishable under Sections 109, 120-B, 449, 302, 380 and 201 read with section 34 of Indian Penal Code. The prosecution case was that deceased Parukutty, aged about 60 years, was residing alone in her house. She was a spinster. Her relationship with her blood relations and also with neighbours were not cordial. P.W.2, the niece of the deceased, was residing with her till six months prior to the date of incident. The only person on whom deceased Parukutty reposed trust and took into confidence was the appellant, the first accused in the case. He was the coconut climber of the deceased and had access to her house. He was a frequenter to that house also. During the beginning of the year 1999, a dispute arose regarding a pathway used by the deceased to reach her house from Muvattupuzha-Thodupuzha Road. That pathway w
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
