2000 (12) TMI 907 - SC - Indian Laws

Summary

Issues Involved:
1. Extra-judicial confession.
2. Hostile witnesses.
3. Recovery of incriminating articles.
4. Evidence of blood stains.
5. Legal principles on admissibility and reliability of evidence.

Detailed Analysis:

1. Extra-judicial Confession:
The appellant was convicted primarily based on his extra-judicial confession. The court reiterated that an extra-judicial confession, if true and voluntary, can be relied upon for conviction. The confession was made to PWs 2, 5, 6, and 7. Despite PW5 being declared hostile and PW7's testimony being inadmissible due to the appellant's arrest, the court found the testimonies of PWs 2 and 6 reliable. The court emphasized that the confession was made immediately after the occurrence and was not influenced by any coercion, promise, or inducement. The court cited precedents to support the admissibility and probative value of extra-judicial confessions.

2. Hostile Witnesses:
The court addressed the misconception regarding the effect of declaring a witness hostile. It clarified that the entire testimony of a hostile witness is not rendered unworthy of consideration. The court can still rely on parts of the testimony that are found to be credible. In this case, PW2 was declared hostile only regarding the time of lodging the FIR, but his testimony about the extra-judicial confession was found reliable. The court referenced several judgments to explain the legal position on hostile witnesses, emphasizing that their testimony remains admissible and can be relied upon if found credible.

3. Recovery of Incriminating Articles:
The appellant's disclosure statements led to the recovery of the weapon (Kassi) and a blood-stained chadar. The court found the recovery process credible and supported by the testimonies of PWs 2, 6, and 12. The court noted that the chadar was concealed in a pitcher in the appellant's house, and its recovery was possible only due to the appellant's disclosure. The court held that the prosecution had proved the recovery of these articles beyond doubt.

4. Evidence of Blood Stains:
The court addressed the issue of the origin of blood stains. The Serologist and Chemical Examiner found human blood on the chadar but could not determine the origin of blood on the shoes and Kassi due to disintegration over time. The court rejected the appellant's argument that the failure to determine the origin of blood should lead to acquittal. Citing the judgment in State of Rajasthan v. Teja Ram, the court held that the failure to detect the origin of blood does not negate the fact that the blood could have been human. The court found the evidence of blood stains on the chadar sufficient to connect the appellant with the crime.

5. Legal Principles on Admissibility and Reliability of Evidence:
The court discussed the legal principles governing the admissibility and reliability of evidence, particularly extra-judicial confessions and the testimony of hostile witnesses. It emphasized the discretionary power of the court to permit cross-examination of a witness by the party calling him and the need to exercise this discretion judiciously. The court also highlighted the importance of scrutinizing the surrounding circumstances of a confession to ensure its voluntariness and credibility.

Conclusion:
The court found the appellant guilty based on the voluntary extra-judicial confession, recovery of incriminating articles, and the evidence of blood stains. The testimonies of PWs 2 and 6 were deemed credible, and the hostile status of PW2 did not affect the admissibility of his testimony. The appeal was dismissed, and the conviction and sentence were upheld.