AIR 2009 SUPREME COURT 677 ::2008 AIR SCW 7868 ::2009 (2) AIR Jhar R 665 ::2008 (4) CurCriR 766 ::2008 (17) SCC 43 ::(2008) 14 Scale 205 ::(2009) 1 EastCriC 203

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): Satya Brata Sinha, Cyriac Joseph , JJ

Penal Code (45 of 1860) , S.300— Prosecution for causing death of mother-in-law by accused - Confessional statement of accused before executive officer - Precautions u/S.164 not complied as old Code was applicable - Extra judicial confession before witnesses also proved - Recovery of articles used for commission of offence as pointed out by accused - Testimony of independent witnesses including daughter of deceased and second wife of accused supporting prosecution case on point of strained relationship between accused and deceased - "Last seen" theory propounded by prosecution found reliable - Conviction, held, justifiable - Statement u/S.164 is admissible in evidence - Recovery of articles although not strictly admissible could not be ignored. Evidence Act (1 of 1872) , S.3, S.27— Criminal P.C. (2 of 1974) , S.164— (Paras2021232425and26) (Para 20 21 23 24 25 26) .....