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TMI Blog2002 (9) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... e children residing abroad, was staying alone in her house at No. 47, Stephen's Road, Frazer Town, Bangalore City. A maid-servant Tayarmma (PW5) was working in her house and also in the house of Mrs. Joyce wife of Holmes (PW10). In the evening of 20.12.1986the fateful day, PW5 as usual served coffee to the deceased in her house and went to the house of PW10 to work there, and was there till about 8.00 p.m. Thereafter, she left the place to go to her house, which was situated on the back side of deceased's house. When she was near the house of the deceased, she saw the electric lights in the house of the deceased were burning, and also noticed that the front door of the house was closed. While the back door was open she entered the h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceipts were seized by the Investigating Officer. On the basis of the information given by the accused persons recovery was made of the weapon i.e. an Iron Rod (M.O.4). The VII Additional Sessions Judge, Bangalore, on the basis of evidence on record found the accused-appellants guilty under Section 302 read with Section 34 and Section 392read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC'). They were sentenced to undergo imprisonment for life and rigorous imprisonment for a period of 5 years respectively for the aforesaid two offences. The Division Bench of the Karnataka High Court set aside the conviction. 3. The State of Karnataka is in appeal before this Court. Learned counsel for appellant-State submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s on them. Clearly the extent of the information admissible must depend on the exact nature of the fact discovered to which such information is required to relate. The ban as imposed by the preceding sections was presumably inspired by the fear of the Legislature that a person under police influence might be induced to confess by the exercise of undue pressure. If all that is required to lift the ban be the inclusion in the confession of information relating to an object subsequently produced, it seems reasonable to suppose that the persuasive powers of the police will prove equal to the occasion, and that in practice the ban will lose its effect. The object of the provision i.e. Section 27 was to provide for the admission of evidence which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat information given should be recorded and proved and if not so recorded, the exact information must be adduced through evidence. The basic idea embedded in Section 27 of the Evidence Act is the doctrine of confirmation by subsequent events. The doctrine is founded on the principle that if any fact is discovered as a search made on the strength of any information obtained from a prisoner, such a discovery is a guarantee that the information supplied by the prisoner is true. The information might be confessional or non-inculcator in nature but if it results in discovery of a fact, it becomes a reliable information. It is now well settled that recovery of an object is not discovery of fact envisaged in the section. Decision of Privy Council ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Ex.P18 was prepared and it was signed by one of the accused on the stamp paper and was attested by the other. He identified the tape recorder (M.O.2)which was sold by the accused. PW8 who runs pawn broker shop stated that the accused were frequently visiting his shop and on 20.12.1986 they pledged a tape recorder which was redeemed on 21.12.1986. Sale receiptEx.P8 was produced. Dhanraj (PW-16) is an employee of PW8 who started that the tape recorder was pledged on 22.12.1986 and was redeemed by A1.In the pawn broker's records, A1 has signed as Peter Brown. At this juncture. It is relevant to take note of Section 114 of the Evidence Act. Illustration (a) provides that a presumption arises that when a man is in possession of stolen good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for the accused that for an article of very small value, no one would kill an old lady, particularly when the articles of higher value were not touched. This plea is really based on suppositions. Robbery can be made of articles which are easy to be disposed of. Articles of a particular category, for example, electronic goods may be preferred. It is on record that the accused-respondents were arrested in another case of theft of T.V. set. Without going into the merits of that case, it can only be said by way of illustration that there may be fascination for selling goods of particular category which are easy to carry and are easily disposable. In view of the credible evidence on record, it is not necessary to fathom as to what wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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