2006 (12) TMI 486 - SC - Indian Laws

Whether the confession was perfectly voluntary? - If so, whether it is true and trustworthy ? Whether the prosecution having been failed to prove the case of conspiracy against Appellant herein, the case cannot be said to be one constituting rarest of rare cases?

Summary

Issues Involved:
1. Criminal Conspiracy
2. Circumstantial Evidence
3. Extra Judicial Confession
4. Judicial Confession
5. Retracted Confession
6. Death Sentence

Issue-wise Detailed Analysis:

1. Criminal Conspiracy:
The case revolved around Aloke Nath's greed for money, leading to a conspiracy to murder his brother Biswanath. Aloke Nath intended to sell the family property without informing his siblings. He involved Mrinal Dutta to impersonate Biswanath and sign documents. The prosecution alleged that Aloke Nath, with the help of other appellants, conspired to murder Biswanath to facilitate the sale of the property and receive the full consideration amount. However, there was no direct evidence showing the involvement of other appellants in the conspiracy to murder Biswanath.

2. Circumstantial Evidence:
The prosecution relied on several circumstantial evidences:
- Aloke Nath's attempt to sell the property secretly.
- Agreements for sale with Arunmoy Bose and Nandlal Singh.
- Possession of rooms handed over to Nandlal Singh.
- Newly constructed 'bedi' in Biswanath's room.
- Extra judicial confession by Aloke Nath.
- Recovery of Biswanath's skeletonized body from the 'bedi'.
The court emphasized that circumstantial evidence must be conclusive and consistent with the guilt of the accused. The evidence against Aloke Nath was found to be sufficient, but the involvement of other appellants in the murder was not conclusively established.

3. Extra Judicial Confession:
Aloke Nath made an extra judicial confession to his brothers and tenants, admitting to throttling Biswanath to death. The confession was considered voluntary and spontaneous, made under mental strain. The court held that extra judicial confessions, if voluntary and true, can be relied upon for conviction. The confession was corroborated by the recovery of Biswanath's body and other evidences.

4. Judicial Confession:
Mrinal Dutta made a judicial confession before a Magistrate, detailing the murder plan and execution. However, he later retracted the confession, alleging torture and coercion by the police. The court scrutinized the voluntariness and truthfulness of the confession, considering the circumstances of its recording.

5. Retracted Confession:
The retracted confession of Mrinal Dutta was treated with caution. The court emphasized that retracted confessions are weak evidence and require corroboration. The confession must be voluntary and true, corroborated by other independent evidences. The court found that the confession was not sufficiently corroborated to convict the other appellants.

6. Death Sentence:
The Sessions Judge sentenced Aloke Nath, Mrinal Dutta, and Gobinda Roy to death, while Mamata Dutta was sentenced to life imprisonment. The High Court upheld the death sentences, considering the case as one of the rarest of rare cases. However, the Supreme Court commuted Aloke Nath's death sentence to life imprisonment, considering the mitigating circumstances and the lack of conclusive evidence against the other appellants. The court emphasized the need for a balanced approach in awarding death sentences, considering both aggravating and mitigating factors.

Conclusion:
The Supreme Court allowed the appeals of Shib Shankar Roy @ Babu Roy, Mamata Dutta, and Mrinal Dutta, setting aside their convictions and sentences. They were ordered to be released unless wanted in connection with any other case. Aloke Nath's death sentence was commuted to life imprisonment, and other parts of his sentence were upheld. The court highlighted the importance of corroborating retracted confessions and the need for a cautious approach in awarding death sentences.