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TMI Blog1970 (3) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... Shoo Dhan and Smt. Bhagwani and Din Dayal was his brother. The appellant was charged with the commission of these offences and has been found guilty and sentenced to death. Shoo Dan had four sons. Of these, deceased Din Dayal was the youngest. Besides the appellant Bharat, there were two other sons Ram Bilas and Mahadeo. Din Dayal used to live with the parents in the family house at Basharatpur. Ram Bilas was also staying in the family, Mahadeo was residing in another house opposite Murarka Mills where he had a shop. Bharat used to live with Mahadeo. Mahadeo and Bharat were married. Mahadeo's wife had given a birth to a child a few days before the occurrence and Bharat's wife had gone over to Mahadeo's house to help. 3. The pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e detained them while he himself went into the house and changed his clothes, then got into the car and went to the house of his parents. Bharat is literate and so the first information report was dictated to him and it was signed by Mahadeo and Bharat and was sent to the police station house. Till then, it appeared as if the offence was committed by some outsider. Later the police suspected Bharat and arrested him. Bharat then made a statement about his clothes and they were duly seized. The bushcoat which he was wearing on the night in question had been put by him under a tap. His trousers were found inside a box. The police seized these garments and sent them to the chemical examiner. The bushcoat answered the Benzidine test for blood bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clothes being found stained with blood with no explanation from him and his general conduct in charming his clothes before going to the house of his parents after learning that his parents and brother had been murdered. All these were held by the High Court to corroborate the retracted confession and to lend assurance to the truth of that confession. 6. In arguing the appeal, Mr. Mohan Behari Lal naturally attacked the confession first of all. He stated that the Magistrate had omitted to record the time when the accused was produced before him on the 12th December and again the time when the accused was brought from the judicial lock-up to the Court to record his confession. He stated that from this omission, it was impossible to say what ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the prosecution case. 7. The law as to confession is perhaps too widely stated. Confessions can be acted upon if the Court is satisfied that they are voluntary and that they are true. The voluntary nature of the confession depends upon whether there was any threat, inducement or promise and its truth is judged in the context of the entire prosecution case. The confession must fit into the proved facts and not run counter to them. When the voluntary character of the confession and its truth are accepted it is safe to rely on it. Indeed a confession, if it in voluntary and true and not made under any inducement or threat or promise, is the most potent piece of evidence against the maker. Retracted confession, however, stands on a slight ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to beating. Indeed the Sub-Inspector stated that his brothers were bent upon giving him a thrashing when they learnt that he was the offender but he prevented it. The appellant also stated quite frankly to the Magistrate that he was making the confession because he had committed a blunder and out of repentance. He was closely questioned before the confession was recorded and the Magistrate gave him all the necessary cautions and informed him that he need not make the confession that he should not act because of any threat, inducement or promise and also that he was before a Magistrate and the statement would be taken down in writing and used against him. Inspite of all these cautions, Bharat gave the firm reply that he was making the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t had been put under a tap and this also slowed guilty conduct. Further he was seen near the house about the time of the murders boarding a rickshaw and therefore was in a position to commit this offence, and then to have run away. There is no evidence of any theft in the house or ingress by an outsider. On the whole, therefore, the circumstances which have been proved aliunde furnish corroboration for the retracted confession which, as we have stated, we consider to be voluntary and true. In the result, we reject the appeal of the appellant. As regards the sentence there is no mitigating circumstance, because the appellant had committed three murders of his nearest kith and kin and the only penalty would be the penalty of death. The senten ..... X X X X Extracts X X X X X X X X Extracts X X X X
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