1978 (4) TMI 234 - SC - Indian Laws

Summary

Issues Involved:
1. Voluntariness of the Confession
2. Truthfulness of the Confession
3. Corroboration of the Confession by Circumstantial Evidence
4. Handling and Integrity of Physical Evidence (Dibbi and Fingerprints)
5. Procedural Compliance in Recording Confession

Detailed Analysis:

1. Voluntariness of the Confession:
The court first examined whether the confession was voluntary. The appellant was arrested on June 3, 1974, and remained in police custody until June 12, 1974, when he was moved to judicial custody. On June 13, 1974, the Superintendent of Police requested the Magistrate to record the appellant's confession. The Magistrate conducted a preliminary examination on June 14, 1974, to ensure the appellant's willingness to confess. The appellant was asked multiple questions to ascertain that he was not coerced, threatened, or promised any benefit for making the confession. The Magistrate recorded the confession after being satisfied that it was voluntary. The court found no substance in the appellant's claim of coercion and threats, as he had ample time (38-40 hours) in judicial custody to reflect on his decision to confess.

2. Truthfulness of the Confession:
The court evaluated the truthfulness of the confession by comparing it with the rest of the evidence. The appellant's confession included detailed descriptions of the crime scene and the sequence of events, which were corroborated by circumstantial evidence. The confession was found to be a spontaneous account, with vivid details that only the perpetrator could know. The court concluded that the confession was true and trustworthy.

3. Corroboration of the Confession by Circumstantial Evidence:
The confession was corroborated by various pieces of circumstantial evidence:
- The site-plan and explanatory memorandum prepared by A.S.I. Bhagwan Singh noted the presence of three cots, blood-stained Kassi, and scattered goods, consistent with the appellant's confession.
- The presence of bare-foot prints at the scene of the crime matched the appellant's description of his movements.
- The appellant's stay at a hotel in Haridwar after the crime was confirmed by the hotel record and witness testimony.
- Medical evidence supported the injuries described in the confession, although the exact number of blows could not be determined.

4. Handling and Integrity of Physical Evidence (Dibbi and Fingerprints):
The court addressed concerns about the integrity of the physical evidence, specifically the Dibbi (small tin-box) with the appellant's fingerprint. The Dibbi was seized and sealed by A.S.I. Bhagwan Singh on September 9, 1973, and sent to the Finger-Print Bureau on June 29, 1974. The seals on the Dibbi were found intact upon examination by the Finger-Print Expert. The court found no evidence of tampering and concluded that the fingerprint on the Dibbi was genuine and matched the appellant's fingerprint.

5. Procedural Compliance in Recording Confession:
The court examined whether the procedural requirements for recording the confession under Section 164 of the Code of Criminal Procedure were followed. The Magistrate ensured that the appellant was aware of his rights and the consequences of making a confession. The Magistrate's preliminary examination and the recording of the confession complied with the legal requirements. The court found no violation of procedural rules and confirmed that the confession was recorded properly.

Conclusion:
The court affirmed the judgment of the High Court and maintained the conviction of the appellant under Section 302 of the Indian Penal Code for the murders of Kartar Singh and Mada Singh, and sentenced him to death. The appeal was dismissed, and the sentence of death was upheld due to the brutal nature of the crimes and the overwhelming evidence against the appellant.