9911796707
TMI Blog2007 (6) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... ent and fine of ₹ 200/- with default stipulation was imposed. Appeal filed against the judgment, as noted above, was dismissed. 3. Prosecution version as unfolded during trial is as follows: The appellant-accused was tried on a charge of having committed murder of his wife Smt. Latabai (hereinafter referred to as 'deceased') by pouring kerosene on her person and setting her ablaze in the night of 29.4.2003 i.e. at about 1.30 a.m. in the police quarters No. 203/3 at Raghuji Nagar, Sakkardara at Nagpur. Appellant-accused was residing in the said quarters along with his wife-the deceased and children. On the fateful night when the neighbouring residents, mostly police personnel were in their respective quarters and sleeping ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were drawn towards abdomen side. He also noticed partly burnt matters on her person which was little bit wet. In the kitchen, he noticed that there was a tin, which was containing some kerosene, match sticks and other material which he recorded in the spot panchanama and seized the Articles 1 to 7. P.S.I. Laxman Tighara (P.W. 9) took over the investigation of the case on 29.4.1993. He arrested the appellant-accused at about 7.00 p.m, who was found near statute of Tukdoji Maharaj, prepared the arrest panchanama and seized his clothes. The appellant-accused was referred to medical officer for his medical examination. In the course of investigation, the inquest Panchanama (Exb. 22) of the dead body of' Latabai was prepared and dead body ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused is supposed to have stated. It was admitted by PWs 1 and 3 that accused is supposed to have addressed the utterances towards Kakaji and this reference could be not only to PW-1 but also another neighbour of the accused. The officer who had given the FSL report was not examined as a witness. 6. Learned counsel for the respondent submitted that the Trial Court and the High Court have examined in detail the evidence and come to the conclusion about guilt of the accused. 7. We shall first deal with the question regarding claim of extra judicial confession. Though it is not necessary that the witness should speak the exact words but there cannot be vital and material difference. While dealing with a stand of extra judicial c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed of normal memory and do so. It is for the Court to judge credibility of the witness's capacity and thereafter to decide whether his or her evidence has to be accepted or not. If Court believes witnesses before whom confession is made and is satisfied confession was voluntary basing on such evidence, conviction can be founded. Such confession should be clear, specific and unambiguous. The evidence of PWs 1, 3 and 4 is not consistent as to where the accused is supposed to have made the statement. While PW-1 said that he was inside the house, interestingly PW-3 stated that accused did not come out of the house and thereafter he did not utter a statement which is taken to be the extra judicial confession. So far as PW-4 is concerned th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... After referring to some passages written by well known authors on the Law of Evidence Subba Rao, J. (as he then was) held that communication is not a necessary ingredient to constitute confession . In paragraph 5 of the judgment, this Court held as follows: Admissions and confessions are exceptions to the hearsay rule. The Evidence Act places them in the category of relevant evidence presumably on the ground that as they are declarations against the interest of the person making them, they are probably true. The probative value of an admission or a confession goes not to depend upon its communication to another, though, just like any other piece of evidence, it can be admitted in evidence only on proof. This proof in the case of oral ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remains unaltered even after the insertion of Section 315 in the Code and any statement under Section 313 has to be considered in the same way as if Section 315 is not there. 11. The object of examination under this Section is to give the accused an opportunity to explain the case made against him. This statement can be taken into consideration in judging his innocence or guilt. Where there is an onus on the accused to discharge, it depends on the facts and circumstances of the case if such statement discharges the onus. 12. The word 'generally' in sub-section (1)(b) does not limit the nature of the questioning to one or more questions of a general nature relating to the case, but it means that the question should relate to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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