AMAR SARAN, VIJAY KUMAR VERMA
BALWANT – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Certainly. Based on the provided legal document, here are the key points:
The case involves the appellant, Balwant, who was convicted of the murder of his wife, Smt. Ram Pyari, and sentenced to life imprisonment under Section 302 of the Indian Penal Code (IPC) (!) (!) .
The prosecution's case was primarily based on the confessional statement made by the appellant during his examination under Section 313 of the Criminal Procedure Code (Cr.P.C.) (!) (!) .
All four prosecution witnesses, who were eyewitnesses to the incident, did not support the case of the prosecution and were declared hostile. They stated that they did not see the appellant committing the murder (!) (!) .
The FIR was lodged by a village Pradhan based on the information provided by the first informant, but the first informant admitted to putting his thumb impression on the report without hearing it (!) .
The post-mortem examination revealed injuries consistent with asphyxia due to strangulation, and the death was confirmed as caused by manual and ligature strangulation (!) .
The appellant admitted in his statement under Section 313 Cr.P.C. that he had pressed his wife's neck, causing her death, but the court found this statement insufficient as evidence for conviction due to the lack of substantive incriminating evidence (!) (!) (!) .
The examination of the appellant under Section 313 Cr.P.C. was deemed improper because the questions posed were based on circumstances not supported by the evidence on record, and certain questions were formulated in a manner that was not appropriate (!) (!) .
The court emphasized that a confessional statement recorded under Section 313 Cr.P.C. does not have the same evidentiary value as sworn evidence and cannot form the sole basis for conviction if the prosecution evidence is weak or insufficient (!) (!) .
The court noted that the absence of substantive evidence and the fact that witnesses did not support the prosecution case led to the conclusion that the appellant could not be convicted solely on his admission (!) (!) .
The court also clarified that circumstances not put to the accused during his examination under Section 313 Cr.P.C. cannot be used against him, and the evidence regarding such circumstances is inadmissible (!) (!) .
Ultimately, the court found that the conviction was illegal because it was primarily based on the appellant's confessional statement, which was improperly obtained and unsupported by substantive evidence (!) (!) .
As a result, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of the charge under Section 302 IPC (!) .
The appellant had already served the entire sentence before the appeal was decided, and the lower court record along with this judgment was ordered to be returned promptly (!) .
Please let me know if you need further analysis or assistance.
Hon’ble Vijay Kumar Verma, J.—Whether an accused can be convicted without any evidence merely on the basis of his admissions/confession made in the examination under Section 313 of the Code of Criminal Procedure, is the main question for consideration before us in this appeal, which has been preferred against the judgment and order dated 24.09.1984 passed by the Sessions Judge Moradabad, in S.T. No. 543 of 1983, whereby the appellant-accused Balwant has been convicted and sentenced to undergo imprisonment for life under Section 302 IPC.
2. The appellant Balwant was put on trial for committing murder of his wife Smt. Ram Pyari in the intervening night of 6/7-05-1983 at about 4.00 a.m. First Information report was lodged at P.S. Asmauli by Imrat S/o Mokhi r/o Akbarpur Gahra on 7.5.1983. The case of prosecution, as per FIR (Ext. Ka 1), in brief, is that when on hearing the shriekes from the house of Balwant on 07.05.1983 at about 4.00 a.m., the first informant Imarat and Umrao S/o Moli along with Phool Singh S/o Chhuttan reached his house, flashing torch light, they saw that Balwant was throttling his wife Smt. Ram Pyari sitting on her chest and his children were dragging him
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