Confessions made to a police officer are inadmissible under Section 25 of the Indian Evidence Act, but information given by an accused person in police custody which leads to the discovery of facts is admissible under Section 27 of the Act.

JUDGEMENT

B. N. Misra, J. :- Dusasan Bhoi, Laxman alias Nakhia Gochhayat and Kalia alias Babaji Bhoi have been convicted under Sections 302/34, 394 and 201, I.P.C. Each one of them has been sentenced to imprisonment for life for the offence under Section 302/34, I.P.C., rigorous imprisonment for ten years for the offence under Section 394, I.P.C. and rigorous imprisonment for five years for the offence under Section 201. I.P.C. The sentences have been directed to run concurrently. Accused Ratna alias Ratnakar Bhoi who was also tried along with the appellants for the same offences has been given the benefit of doubt and acquitted of all the charges.

2. The prosecution case may be briefly stated. Deceased Baraju Das and his wife deceased Sadhabi Debi were staying by themselves in their house in village Patapur. The deceased couple had no other family members living with them; their only married daughter Saraswati Debi (P.W. 10) was living with her husband in village Gopinathpur which is situated at a distance of 3 to 4 miles from village Patapur. Deceased Baraju was working as an Amin and he also had some landed properties. The appellants also belong to the same village Patapur. Appellant Dusasan was previously cultivating the lands of Baraju as a bhag tenant but in the year of occurrence Baraju had dispossessed Dusasan and had let out his lands to some other persons. On account of this, appellant Dusasan bore grudge against deceased Baraju. On 7-10-1975 at about 8 a.m. P.Ws. 1, 2, 3 and 4, who are co-villagers found that there was no sign of life in the house of Baraju. On entering the house they found that deceased Baraju was lying dead inside a room in the house and fire was burning over some jute and clothings lying on the dead body, P.Ws. 3 and 4 went to the police station at Salipur and P.W. 4 lodged F.I.R. Ext. 1 with P.W. 16 who was then the officer-in-charge of the police station. A case under Sec. 302/201 I.P.C. was registered and the police took up investigation. After the arrival of the police in the village, when the villagers reentered the room where the dead body of Baraju was lying they found that the dead body of Baraju's wife Sadhabi was also lying in the same room in a half-burnt state. The dead bodies were sent for post-mortem examination. Confessional statements of all the three appellants were recorded before the Magistrate (P.W. 14). After completion of investigation, charge-sheet was submitted against the appellants and accused Ratnakar Bhoi.

3. The defence plea is one of complete denial. The three appellants have denied that they had led to the recovery of gold and silver ornaments and cash belonging to the deceased persons. While appellant Laxman has denied to have made a confessional statement before the Magistrate, appellants Dusasan and Kalia have stated that they had put their thumb impressions on being asked to do so.

4. At the trial 16 witnesses have been examined on behalf of the prosecution and none on behalf of the defence. The learned Sessions Judge found the appellants guilty and convicted and sentenced them as noted above. Accused Ratnakar was given the benefit of doubt and acquitted.

5. P.W. 12 is the doctor who had conducted post-mortem examination on the dead bodies of Baraju and his wife Sadhabi on 9-10-1975 on police requisition.

P.W. 12 had found that the dead body of Sadhabi had decomposed and the hair on the head had been burnt. There were other burns at different parts of the body. The burns were, however, post-mortem. P.W. 12 had also found a lacerated wound (1/3") on the left side of the skull ½" over the left ear. On dissection P.W. 12 found that there were some haemorrhagic patches on the neck. Half burnt jute was found sticking the skull. Brain membrains had sunk with spotty haemorrhages. No carbon shoots were present over the laryux and trachea. There was tear on the right side of the abdomen and the intestine had come out through this passage. Tongue was protruding from the mouth.