Back
VIVEK AGARWAL, DEVNARAYAN MISHRA
Manoj (Deleted as Died) – Appellant
Versus
State of M. P. – Respondent
ORDER
Agarwal, J. -- 1. This appeal is filed being aggrieved of the judgment dated 30.9.1995 passed by the learned 2nd Additional Session Judge, Sehore in Sessions Case No.2/1995 (State of M.P. Through Police Station Mandi, Sehore v. Manoj S/o Ganesh Ram Rathore and Shiv Narayan S/o Amar Singh Rathore. Learned trial Court convicted the appellants under section 302 IPC with life imprisonment and fine of Rs.5,000/- each with default stipulation of 6 months simple imprisonment.
2. Brief facts of the present case are that on 11.12.1994 one Premnarayan, Chowkidar, (PW-1) had given intimation to the police that dead body of Munna was lying in the fields of Ajay Rathore. Police had recorded marg intimation No.38/1994 vide Ex.P-4 and during marg investigation had recorded statements of one Ramesh Chand Kushwaha (PW-7), brother of the deceased Munna. These statements were recorded on 14.12.1994, when Ramesh Chand had informed that accused Manoj and Shiv Narayan on account of some altercation in relation to money transaction had committed murder of Munna at Subhash school ground in the presence of witnesses Dev Prasad (PW-8) and Kishorilal (PW-9) by strangulating him and causing injuries wit
Extra-judicial confessions are weak evidence requiring corroboration and should be credible; reliance on insufficient evidence led to the appellant's acquittal.
For a conviction based on extra-judicial confession, corroborative evidence is essential, and any substantial contradictions in testimonies undermine its reliability.
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
The convicting based solely on circumstantial evidence and extra-judicial confessions requires corroborative proof and must adhere to well-established principles regarding such evidence.
Extra-judicial confessions must be corroborated and cannot solely support a conviction, especially when obtained under duress.
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
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
