1954 (3) TMI 66 - SC - Indian Laws

Court upholds conviction based on voluntary confession & independent evidence, acquits due to insufficient evidence.

The court upheld the conviction of Hem Raj based on his voluntary confession, which was corroborated by independent evidence, leading to his conviction ... - Issues Involved:1. Admissibility and voluntary nature of the confession.2. Corroboration of the confession.3. Sufficiency of evidence against Hukum Singh.Detailed Analysis:1. Admissibility and Voluntary Nature of the Confession:The appellant Hem Raj contended that his confession was inadmissible as it was not voluntary. The defense argued that the police, due to their negligence in not providing protection to the deceased, were desperate to get a confession from one of the accused. Hem Raj was allegedly kept in illegal custody and subjected to inducements and threats to extract a confession. However, the court found no relevant evidence to support these claims. The Magistrate who recorded the confession stated that he informed Hem Raj of his rights and recorded the confession in compliance with legal requirements. The court noted that Hem Raj had ample time to retract his confession before the trial but did not do so until much later, which weakened his claim of coercion. The court concluded that the confession was voluntary, as it was detailed and contained information not known to the police at the time.2. Corroboration of the Confession:The court found that the confession was corroborated by independent evidence. Eye-witness Gajanand's testimony supported the confession, stating that the man in blue (Hem Raj) fired the fatal shot. Additionally, various items such as a hat, mask, bush shirt, and pistol were recovered from Hem Raj's house, corroborating his confession. The court dismissed the argument that corroboration must come from evidence discovered after the confession was made, stating that pre-existing evidence could also be used for corroboration. The court held that the confession, along with the corroborative evidence, satisfactorily established the charges against Hem Raj under sections 302/34 and 386 of the Indian Penal Code.3. Sufficiency of Evidence Against Hukum Singh:The State's appeal against Hukum Singh's acquittal was based on the confession of Hem Raj, which could not be used as substantive evidence against Hukum Singh. The prosecution argued that Hukum Singh was the writer of the threatening letter and that evidence such as a key found in his possession and his association with Hem Raj were sufficient for conviction. However, the court found this evidence insufficient to uphold the conviction. The court agreed with the Judicial Commissioner that Hukum Singh was entitled to the benefit of the doubt, as the evidence did not conclusively prove his involvement in the crime.Conclusion:The court dismissed both appeals, upholding the conviction of Hem Raj and the acquittal of Hukum Singh. The evidence and confession were found sufficient to convict Hem Raj, while the evidence against Hukum Singh was deemed inadequate for a conviction.