Table of Content
1. application for suspension of sentence under section 389 cr.p.c. following conviction for murder. (Para 1 , 2)
2. arguments regarding the evidentiary value and reliability of extra-judicial confessions. (Para 3 , 4)
3. corroboration of confession through recovery of body and section 313 cr.p.c. admissions. (Para 5 , 6 , 7)
4. rejection of the application for suspension of sentence. (Para 8 , 9)

ORDER

(M. Zothankhuma, J)

Heard Mr. B. Haldar, learned Legal Aid Counsel for the applicant and Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P. assisted by Ms. R. Das, learned counsel for the respondent No.1.

2. This is an application under Section 389 Cr.P.C. seeking suspension of the sentence passed against the applicant, pursuant to the judgment and order dated 13.03.2024, passed by the learned Addl. Sessions Judge-2 (FTC), Tinsukia in Session Case No.150(T) of 2022 under Section 302/201 of IPC.

3. The applicant’s counsel submits that there were no eyewitnesses and the conviction has been based on the extra-judicial confession made by the applicant to his two sisters. Further, the weapon that was alleged to have been used for the crime was not sent to the FSL for examination. He also submits that statement made by the applicant, which led to the recovery of the dead body from the drain has not been exhibited.

4. Ms. B. Bhuyan, learned Addl. P.P, on the other hand, submits that there is no whisper of any enmity between the applicant and his sisters to enable PWs.1 and 2 to make a false case against the applicant. Further, the dead body of the applicant’s mother was recovered from his disclosure statement. She also submits that in terms of the judgment of the Hon’ble Supreme Court in Shiva Karam Payaswami Tewari Vs. State of Maharashtra , reported in (2009) 11 SCC 262, the Supreme Court has upheld the extra-judicial confession made by an accused, as the same was believable. Further, in the case of Moorthy Vs. State of Tamil Nadu , reported in 2023 LiveLaw (SC) 679, the Supreme Court in para 6 has held as follows:-

“6. Firstly, we will deal with the prosecution case about the extra-judicial confession. As regards extra-judicial confession, the law has been laid down by this Court in the case of Pawan Kumar Chourasia v. State of Bihar , (2023 SCC OnLine SC 259). In paragraph 5 it is held thus:

"5. As far as extra-judicial confession is concerned, the law is well settled. Generally, it is a weak piece of evidence. However, a conviction can be sustained on the basis of extrajudicial confession provided that the confession is proved to be voluntary and truthful. It should be free of any inducement. The evidentiary value of such confession also depends on the person to whom it is made. Going by the natural course of human conduct, normally, a person would confide about a crime committed by him only with such a person in whom he has implicit faith. Normally, a person would not make a confession to someone who is totally a stranger to him. Moreover, the Court has to be satisfied with the reliability of the confession keeping in view the circumstances in which it is made. As a matter of rule, corroboration is not required. However, if an extra-judicial confession is corroborated by other evidence on record, it acquires more credibility."

She accordingly submits that the application should be rejected.

5. We have heard the learned counsels for the parties.

6. As can be seen from the evidence, the applicant had confessed to his two sisters, PWs-1 and 2, that he had killed their mother. The dead body was recovered on the disclosure statement of the applicant. Further, the applicant in his examination under Section 313 Cr.P.C has admitted to the fact that he was with his mother on the day of the incident.

7. On considering the above facts and the fact that the applicant has not denied that he was with his mother on the day of the occurrence, besides

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