AIR 2012 SUPREME COURT 523 ::2012 AIR SCW 452 ::AIR 2012 SC (Criminal) 238 ::AIR 2012 SC (Criminal) 238 ::2012 (2) AIR Jhar R 729 ::(2011) 2 CriLR(Raj) 914 ::(2012) 1 MarriLJ 525 ::(2011) 4 DLT(CRL) 393 ::(2011) 4 CurCriR 169 ::(2012) 1 AllCriR 393 ::(2011) 4 CivilCourtC 171 ::2011 CriLR(SC&MP) 914 ::2011 (10) SCC 165 ::2012 (1) SCC(Cri) 223 ::(2011) 4 RecCriR 98 ::2011 (4) RecCriR 665 ::(2011) 12 Scale 187 ::2011 CriLR(SC MAH GUJ) 914 ::2011 (4) AllCriLR 515 ::2011 (3) CalCriLR 654 ::(2012) 1 ChandCriC 111 ::(2011) 3 DMC 390 ::(2011) 50 OCR 926 ::(2012) MatLR 130 ::(2012) 1 Mh LJ (Cri) 165 ::2011 (4) Ker LT 121 SN ::(2011) 4 Ker LT 121 ::(2011) 3 Ker LT 534 ::(2012) 1 JCR 105 (SC) ::2011 (4) Crimes 226 ::(2012) 1 UC 18 ::2011 (75) ACC (SOC) 17 (KER) ::2012 (77) AllCriC 269 ::(2011) 106 AllIndCas 327 (KER)

Supreme Court Of India

Hon'ble Judge(s): Aftab Alam, Ranjana Desai , JJ

(A) Evidence Act (1 of 1872) , S.30— Extra-judicial confession of co-accused - Conviction on basis of confession made to ex-member of Panchayat after about 5 months of incident of murder - Delay creates doubt about its credibility - More so when ex-member of Panchayat stays in another village about 35 to 40 kms away from village of co-accused - And, prosecution evidence does not indicate that co-accused and ex-member of Panchayat know each other intimately - Co-accused further in his statement under Section 313 of the Code, denied that he made any such statement - This retraction further makes a dent in the alleged extra-judicial confession. (Para 11) (B) Evidence Act (1 of 1872) , S.27— Discovery evidence - Articles of tractor discovered were easily available in market - There was nothing special about them - Belated discovery of these articles raised a question about their intrinsic evidentiary value - Contended by prosecution, accused wanted to sell parts of tractor, it was difficult to believe that they would preserve them till date of discovery evidence relating to discovery of these articles must, therefore, be rejected. (Para 13) (C) Evidence Act (1 of 1872) , S.30— Confess....