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TMI Blog2015 (10) TMI 2857X X X X Extracts X X X X X X X X Extracts X X X X ..... ns about inadmissibility of confession made under police custody contained in Sections 25 and 26 of the Evidence Act. The judgment and order of sentence passed by the trial court and confirmed by the High Court are found to be appropriate - Appeal dismissed. - H.L. Dattu, C.J.I. And Arun Mishra, J. For the Appellant : Shekhar Naphade, Sanjay R. Hegde, Sr. Advs., Arunabh Chowdhury, Gainilung Panmei, Anupam Lal Das, R.K. Kapoor, Rekha Giri, Adv. For Anis Ahmed Khan, Adv. For the Respondents : Jayant Bhatt, P.L., B. Shravanth Shanker, Ajay Choudhary, Puneet Parihar, Advs. for Ruchi Kohli, Adv. and Milind Kumar, (NP), Adv. JUDGMENT ARUN MISHRA, J. 1. The appeals have been preferred against the common judgment and order dated 28.5.2009 passed by the High Court of Judicature for Rajasthan, Jaipur Bench in Criminal Appeal Nos. 39/2006 and 40/2006 and other connected matters, thereby upholding conviction and sentence of the Appellants for commission of offence Under Section 489C for 3 years' RI, for Section 489B read with Section 120B Indian Penal Code of Indian Penal Code five years' RI and fine of Rs. 1000/- each; in default to further undergo one month simple imprisonment. App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was submitted. The evidence with respect to how material was deposited in the store house had also been adduced by the prosecution. Reports sent by Security Press are exhibits P-46, P-47, P-48 and P-51. Raghuveer Singh, SHO, identified the articles recovered from Puran Mal, Anju Ali, Majhar etc. 4. Accused Mehboob was arrested vide memo P4. He submitted information vide Memo Ex. P41. Accused Firoz submitted information vide Memo Ex. P42 Under Section 27 of the Evidence Act. Both of them informed that forged currency notes were supplied to them by Usman Bhai and Anju Ali residents of Delhi, and they would identify them. The information was recorded by Raghuveer Singh, IO. He had taken the accused Mehboob and Firoz to Delhi. There both of them identified one Maruti car DL-3C-V-2927 in Street No. 13, Seelampur, Delhi. They also identified the person who was sitting in the car as Anju Ali for which memo Ex. P16 was prepared and signatures of two witnesses Mukesh Yadav-PW13 and Vinod Sharma-PW11 were also obtained. Mahaveer PW24 accompanied Raghuveer Singh, IO. Vinod Sharma, PW11 though turned hostile, admitted his signatures on memo Ex. P16 and also supported the factum of visiting De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur, Delhi. Vinod PW-11 and Mukesh Yadav PW13 have signed the memo P16. The fact is also supported by Mahaveer Singh PW24. Though Vinod turned hostile but he has admitted his signatures on memo P16 and has supported the factum of visiting Delhi along with Police. Mukesh Yadav, PW-13, has also supported that he had taken the Police to Delhi and Mehboob and Firoz have pointed out that Anju Ali was in the car on the basis of that he was arrested vide memo P30. On search of Anju Ali, 350 forged currency notes in the denomination of Rs. 500 worth Rs. 1,75,000/- were seized vide recovery memo P-26. 9. With respect to accused Majhar, information P43 was furnished by accused Anju Ali. Anju Ali identified Majhar while he was standing near ISBT. Mukesh PW-13 has proved memo P43. Vinod PW11, has also admitted his signatures on P-31. Vide recovery memo P19, currency notes in the denominations of Rs. 500, Rs. 100 and Rs. 20 aggregating to Rs. 48,220/- were recovered from Majhar. They have been proved to be fake on the basis of the aforesaid reports submitted by the Indian Security Press, Nasik Road. All the currency notes were found to be forged. Shyam Singh, Manager, PW16, has proved the sendin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the evidence. 14. Section 27 of Evidence Act refers when any fact is deposed. Fact has been defined in Section 3 of the Act. Same is quoted below: Fact means and includes-- (1) any thing, state of things, or relation of things, capable of being by the senses; (2) any mental condition of which any person is conscious. Illustrations: (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. Relevant .--One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. 15. It is apparent that on the basis of the information furnished by accused Mehboob Ali and Firoz other accused, Anju Ali was arrested. The fact that Anju Ali was dealing with forged currency notes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bserved that: (SCC p. 283, para 35) The decision of the Privy Council in Pulukuri Kottaya v. Emperor (supra) is the most quoted authority for supporting the interpretation that the 'fact discovered' envisaged in the section embraces the place from which the object was produced, the knowledge of the accused as to it, but the information given must relate distinctly to that effect. In Mohd. Inayatullah v. State of Maharashtra 1976 1 SCC 828, Sarkaria, J. while clarifying that the expression fact discovered in Section 27 is not restricted to a physical or material fact which can be perceived by the senses, and that it does include a mental fact, explained the meaning by giving the gist of what was laid down in Pulukuri Kottaya case (supra). The learned Judge, speaking for the Bench observed thus: (SCC p. 832, para 13) Now it is fairly settled that the expression 'fact discovered' includes not only the physical object produced, but also the place from which it is produced and the knowledge of the accused as to this (see Pulukuri Kottaya v. Emperor (supra); Udai Bhan v. State of U.P. 1962 Supp (2) SCR 830). 17. In State of Maharashtra v. Damu Gopinath Shinde and Ors. AIR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all. But when the broken glass piece was recovered from that spot and that piece was found to be part of the tail lamp of the motorcycle of A-2 Guruji, it can safely be held that the Investigating Officer discovered the fact that A-2 Guruji had carried the dead body on that particular motorcycle up to the spot. 39. In view of the said discovery of the fact, we are inclined to hold that the information supplied by A-2 Guruji that the dead body of Dipak was carried on the motorcycle up to the particular spot is admissible in evidence. That information, therefore, proves the prosecution case to the abovementioned extent. 18. In Ismail v. Emperor AIR 1946 Sind 43 it was held that where as a result of information given by the accused another co-accused was found by the police the statement by the accused made to the Police as to the whereabouts of the co-accused was held to be admissible Under Section 27 as evidence against the accused. 19. In Subedar and Ors. v. King-Emperor AIR 1924 All. 207 it was held that a statement made by the accused implicating himself and Ors. cannot be called 'first information report'. However it was held that though it could not be treated as first ..... X X X X Extracts X X X X X X X X Extracts X X X X
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