The identification of the accused in the Court is the substantive piece of evidence, and the conviction can be recorded on the basis of identification of the accused in the Court. The suicide note can be used as a corroborative piece of evidence in support of the substantive evidence of identification of the appellant in the Court. Section 30 of the Evidence Act can be pressed into service to consider a voluntary confessional statement made by a co-accused.

Gurpal Singh Ahluwalia, J.

1. This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 20.7.2006 passed by Special Judge (M.P.D.V.P.K. Act), Gwalior in Special Sessions Trial No. 114/2004 by which the appellant has been convicted under Sections 302/34 and has been sentenced to undergo the Life Sentence and a fine of Rs. 500/- under Section 394, 397 of I.P.C. read with Section 11/13 of M.P.D.V.P.K. Act and has been sentenced to undergo the rigorous imprisonment of 7 years and Fine of Rs. 250/- with default imprisonment, and under Section 307/34 of I.P.C. and has been sentenced to undergo the rigorous imprisonment of 7 years and a fine of Rs. 250/- with default imprisonment. The sentences have been directed to run concurrently. The necessary facts for the disposal of the present appeal in short are that the injured Rani, who was admitted in the J.A. Hospital, Gwalior lodged a report on 19.8.2004, to the effect that at about 1 P.M. She was in her house along with her mother, Baijanti Bai. Her father had gone on his duty at Bahodapur Carpet Factory. Her cousin brother Shyam and his friend knocked at the door. The door was opened by her mother Baijanti. They came inside the house and the co-accused Shyam said that he has sustained an injury therefore, he be treated. Gomti bai who is her neighbour and was sitting in the house was asked to bring a medicine and thereafter, the co-accused Shyam locked the door from inside and increased the volume of the T.V. When her mother Baijanti was fomentating, the friend of co-accused Shyam caught hold of Baijanti and co-accused Shyam all of a sudden took out a knife and started assaulting Baijanti on her neck and forehead. After hearing her cries, when She tried to intervene in the matter, She too was assaulted by co-accused Shyam and his friend as a result of which, She sustained multiple injuries. The co-accused Shyam and his friend took out an amount of Rs. 70,000/- gold ornaments from the almirah and also snatched gold earrings from her ears as a result of which, her ears were cut. Yesterday, the co-accused Shyam and his friend had come to their house and at the request of the co-accused Shyam, her mother had served Poha to them. After half an hour, the co-accused Shyam and his friend again came back to the house and said that they have forgot their mobile phone and purse and when her mother Baijanti informed that their mobile and purse is not in the house, then they went back. She would identify the co-accused Shyam and his friend. After the incident, She somehow came out of the house and started shouting. Her neighbours came on the spot, to whom the entire incident was narrated by her. The police was called who took her to the hospital. As the complainant had sustained injuries on both of her hands, She was unable to sign the F.I.R., therefore, her thumb impression was taken. The F.I.R. was recorded at Serial No. "0" and thereafter, it was sent to Police Station Madhoganj. The Police Station Madhoganj registered the offence under Section 394, 302, 34 of I.P.C.

2. Just after 4 days of the incident, the co-accused Shyam committed suicide after leaving a detailed suicide note. It appears from the suicide note that the co-accused Shyam was very disturbed with his own act of committing offence. The suicide note was inculpatory in nature and it was also mentioned that for the entire incident, the appellant is responsible. An apology was also tendered by the co-accused Shyam, to his family members.

3. The appellant was arrested. Test Identification Parade was conducted. The appellant was identified by Devisharan (PW-2), however, the complainant could not identify the appellant. Ornaments were seized from the appellant. They were duly identified. The police after completing the investigation, filed a charge sheet against the appellant and the deceased co-accused Shyam for offence under Sections 302, 394, 397, 34 of I.P.C. read with Section 11/