Penal Code, 1860 — Sections 302 & 394 — Conviction — Plea of disclosure statement to police under pressure –

August 31st, 2013

Penal Code, 1860 — Sections 302 & 394 — Conviction — Plea of disclosure statement to police under pressure — Recoveries pursuant to statement, Effect of — Held, argument that the statement of the appellant to the police on the basis of which disclosure was made was under pressure from the police is misconceived if the truth of the statement was established through recoveries made pursuant to the statement — Evidence Act, 1872 — Section 27 — Disclosure statement to police.

State of Uttar Pradesh v. Deoman Upadhyaya, (AIR 1960 SC 1125), Relied on.

(Para 9 & 10)

HELD: In the instant case, pursuant to the information furnished by the appellant the Kassi, Khes and Bed-sheet were recovered from the pit under the road pulia. The recovery has also been witnessed by PW-3, Kaka Singh, who has clearly stated in his evidence that the accused got recovered Kassi, one Khes and a bed-sheet. These articles which were recovered were sent to the Forensic Science Laboratory and the results of the Forensic Science Laboratory are that the Kassi, Bed-sheet and Khes were stained with large and small blood stains. These recoveries of the aforesaid articles pursuant to the disclosure statement made by the appellant clearly point to the guilt of the appellant and there is no merit in the contention of learned counsel for the appellant that the statement of the appellant and the recoveries made pursuant to the statement of the appellant are of no evidentiary value.

(Para 10)

Sucha Singh v. State of Haryana[Bench Strength 2], Crl. A. No. 1190/2007(20/06/2013), 2013(8) SCALE 1: 2013(9) JT 284 [A.K. Patnaik, J.: Gyan Sudha Misra, J.]

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