A confession made under Section 313 Cr.P.C. cannot alone serve as the basis for conviction without corroborating evidence, highlighting the necessity for the prosecution to prove guilt beyond a reasonable doubt.

JUDGMENT :

Sanjiv Kumar, J.

1. This criminal appeal has been preferred by appellant, Azad Khan, son of Turab Khan, resident of Vyoti Katra, Police Station Allau, District Mainpuri, against the judgment and order dated 05.02.2002 passed by Special Judge (D.A.A.)/Additional Sessions Judge, Mainpuri, in Special Trial No. 11-A of 2001, under Sections 395 and 397 of the Indian Penal Code (in short, ‘I.P.C.’), Police Station Allau, District Mainpuri.

2. By the impugned judgment and order, the appellant, Azad Khan has been convicted and sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 395 I.P.C., alongwith a fine of Rs.10,000/-. He has further been sentenced to undergo seven years’ rigorous imprisonment for the offence punishable under Section 397 I.P.C., alongwith a fine of Rs.10,000/-. In default of payment of fine, he has been ordered to suffer further rigorous imprisonment for a period of two years. Both the sentences have been directed to run concurrently.

3. The brief facts of the case are that informant, Om Prakash, son of Sri Ram Pandey, resident of village Katra, Police Station Allau District Mainpuri lodged a written information (tehrir) dated 29.10.2000 with the In-charge, Police Station Allau, alleging therein that on the said day he was sleeping inside a room in his house whereas his wife, Kamla Devi and children were sleeping in the verandah. His brother, Ram Murti and his wife, Chandra Kanti were sleeping in another verandah. His nephew and his wife, Anju, were asleep in another room. At about 12:20 a.m., 10-15 miscreants entered his house after climbing down the roof and battered beating his children. A lantern was lit in the verandah. Some miscreants kicked at the door to his room, asking him to open it saying they were policemen. When he opened the door, the miscreants caught hold of him and assaulted him with a lathi, danda, a country-made pistol, and a gun. He somehow managed to escape from their clutches and ran towards the house. The miscreants assaulted his wife, children, and his brother’s wife. Hearing the hue and cry, Ramesh Prajapati, Rajendra and other villagers arrived at the spot and identified the miscreants by torch light. They identified Baksa son of Manphool, resident of Jatpura; another unknown person from Jatpura; Lalman, Mahesh, and Surendra, sons of Nathu Ram, residents of village Panchampur, Police Station Kishni; Vinod son of Ram Charan, resident of Hadua, Police Station Bewar; Azad son of Turab Khan, resident of village Katra and Raj Kumar, son of Sri Pal, resident of Niharpur. The miscreants looted cash, jewellery, besides bank and insurance papers. Parshuram, son of Sita Ram, resident of the same village, was involved in the said dacoity. During the incident, the miscreants opened fire, injuring injured Ramesh, Umesh, and Rajendra, all residents of the same village, who were taken to the Police Station.

4. Upon this information, an FIR, bearing Case Crime No. 170 of 2000, under Sections 395 and 397 IPC , was lodged at Police Station Allau, District Mainpuri, on 29.10.2000 at about 2:25 a.m. against nominated accused. Thereafter, the investigation commenced. The Investigating Offi