Extra-Judicial Confession Must Be Of Sterling Quality: Supreme Court Doubts 'Confession' To Brother Of Deceased

The Supreme Court recently while acquitting a convict in a murder case held that evidence of persons before whom extra-judicial confession is made must be of sterling quality.

The Court observed, “When prosecution relies upon the evidence of extra-judicial confession, normally, the Court will expect that the evidence of the persons before whom extra-judicial confession is allegedly made must be of sterling quality.”

The court questioned the credibility of the extra-judicial confession made before PW-2 and PW-3(brothers of the deceased), emphasizing that it is unusual for an accused to confess before the real brother and a close acquaintance of the deceased.

The Supreme Court bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal against the judgment by Gujarat HC which had affirmed the conviction of the appellant under section 302 IPC(murder).

The case, which dates back to November 12, 1997, involved the death of Hukabhai. The trial relied heavily on the accounts of two key witnesses, PW-2 Kalabhai, the brother of the deceased, and PW-3 Ramabhai, a resident of the same village. According to the prosecution's case, Hukabhai was allegedly assaulted by the appellant, who was armed with a bamboo stick. Eyewitnesses claimed that the accused followed Hukabhai towards his field around 3:00 p.m. and returned to the village at 6:30 p.m. with the same stick in hand. The prosecution further argued that the appellant confessed to the assault before PW-2, PW-3, and another individual named Ratabhai.

On October 28, 1997, Abhabhai, the appellant, along with Bhemabhai, reportedly engaged in a dispute after consuming alcohol. The Sarpanch filed a complaint, and Hukabhai sided with Abhabhai. This, according to the prosecution, was the plausible motive leading to the fatal altercation on November 12.

The trial court convicted the appellant under section 302, a decision which was upheld by the High Court. Aggrieved by the same, the appellant approached the Supreme Court.

Blood-Stained Clothes Fail to Conclusively Link Accused to Crime

Another crucial aspect of the case was the presence of blood stains on the clothes worn by the accused at the time of his arrest. The court pointed to a Serology Report that revealed inconsistencies. The report indicated that the blood on the deceased's clothes belonged to the 'O' group, whereas the blood on the accused's clothes was of 'A' group. The inconclusive opinion on the blood stains on the appellant's trousers further weakened the prosecution's case.

Furthermore, the court concluded that the recovery of an axe, allegedly used in the crime, was of no relevance as eyewitnesses testified that the appellant was carrying a stick, not an axe.

Therefore, the court acquitted the appellant since the prosecution had failed to establish the guilt of the appellant beyond reasonable doubt.

Related reports - Extra-Judicial Confession Weak Piece Of Evidence, Can Be Relied On If Proven To Be Voluntary, Truthful And Free Of Inducement: Supreme Court

Extra-Judicial Confession Is A Weak Piece Of Evidence, Independent Corroboration Needed: Supreme Court

Evidentiary Value Of Extra-Judicial Confession Also Depends On Person To Whom It Is Made: Supreme Court

Extra Judicial Confession Of A Co-Accused Cannot Be Relied On As Substantive Evidence ; It's Only A Corroborative Piece Of Evidence : Supreme Court

Case title: PRABHATBHAI AATABHAI DABHI v. STATE OF GUJARAT

Citation: 2023 LiveLaw (SC) 989

Click Here To Read/Download Judgment