R.S.BACHAWAT, RAGHUBAR DAYAL, K.SUBBA RAO
Aghnoo Nagesia – Appellant
Versus
State Of Bihar – Respondent
Certainly. Based on the provided legal document, here are the key points:
A confessional first information report (FIR) given by an accused to the police is generally not admissible as evidence against him, except to the extent that the protections of Section 25 of the Evidence Act are lifted by Section 27 (!) (!) .
Section 25 of the Evidence Act prohibits proof of confessions made to police officers, covering any circumstances under which such a confession is made, regardless of whether the accused was in police custody at the time (!) .
Section 26 further restricts proof of confessions made in police custody unless the confession is made in the immediate presence of a Magistrate, but it does not override the absolute ban imposed by Section 25 on confessions to police officers (!) .
Section 27 provides a partial exception, allowing certain information received from an accused in police custody to be proved if it distinctly relates to a fact discovered as a consequence of that information (!) .
The law emphasizes that a confession can include multiple parts, revealing not only the commission of the crime but also motives, opportunities, preparation, weapons used, and subsequent conduct. If any part of the confession is tainted, the taint applies to all parts (!) (!) .
Each part of a confessional statement that discloses incriminating facts is considered part of the confession, and proof of any part that is protected by law (such as under Sections 24, 25, or 26) is generally barred unless Section 27 applies (!) (!) .
The entire confessional statement, including admissions of minor incriminating facts, must be excluded if it is tainted or if its admissibility is barred by law, unless Section 27 permits its use (!) .
A statement or confession must either explicitly admit the offence or substantially include all facts constituting the offence to be considered a confession. Self-exculpatory statements do not amount to confessions (!) (!) .
The definition of a confession involves an admission made by a person charged with a crime, stating or suggesting that he committed it. It must contain either an explicit admission of the offence or all essential facts that constitute the offence (!) (!) .
The law prohibits the separation of parts of a confession; each part that reveals incriminating facts is integral to the whole and cannot be admitted in isolation if it is protected by law (!) .
The application of Section 27 is limited to information received from an accused in police custody, and whether a person giving information to police is deemed to be in custody under this section can be complex and is subject to judicial interpretation (!) .
Overall, unless the protections of Sections 24, 25, or 26 are lifted by Section 27, or the information falls outside the scope of these sections, confessional statements or FIRs given by an accused to the police are inadmissible as evidence against him (!) (!) (!) .
The law underscores that an FIR or confession must be carefully scrutinized to determine its admissibility, especially considering the protections afforded to accused persons during police investigations (!) .
The final decision in the case was to set aside the conviction and sentence, and the appellant was to be released, primarily because the confessional statement or FIR was inadmissible under the relevant legal provisions (!) .
Please let me know if you need a more detailed explanation or assistance with any specific aspect.
Judgement
BACHAWAT, J.: The appellant was charged under S. 302 of the Indian Penal Code for murdering his aunt Ratni, her daughter, Chamin, her son-in-law. Somra and Dilu, son of Somra. He was convicted and sentenced to death by the Judicial Commissioner of Chotanagpur. The High Court of Patna accepted the death reference, confirmed the conviction and sentence and dismissed the appeal preferred by the appellant. The appellant now appeals to this Court by special leave.
2. The prosecution case is that on August 11, 1963 between 7 a.m. and 8 a.m. the appellant murdered Somra in a forest known as Dungijharan Hills and later Chamin in Kesari Garha field and then Ratni and Dilu in the house of Ratni at village Jamtoli.
3. The first information of the offences was lodged by the appellant himself at police station Palkot on August 11, 1963 at 3-15 p.m. The information was reduced to writing by the officer-in-charge. Sub-Inspector H. P. Choudhury, and the appellant affixed his left thumb impression on the report. The Sub-Inspector immediately took cognisance of the offence, and arrested the appellant. The next day, the Sub-Inspector in the company of the appellant went to the house of Ratni,
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