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AIR 2012 SUPREME COURT 664
::2012 AIR SCW 782
Supreme Court Of India
(From : Kerala)
Hon'ble Judge(s):
A. K. Ganguly,
Jagdish Singh Khehar
, JJ
(A) Evidence Act (1 of 1872) , S.27— @page-SC665Confessional statement leading to disclosure of new fact - Admissibility - Accused charged with offence of robbery and murder - Alleged to have admitted guilt and made disclosure statement loading to recovery of stolen ornaments - Statements of witnesses to recovery however showing that they knew that police would make recovery much before confession was made by accused - Confession made cannot be said to have led to recovery of stolen ornaments - Confession not admissible. (Para 18) (B) Penal Code (45 of 1860) , S.300, S.392— Robbery and murder - Circumstantial evidence - Accused appellant along with other alleged to have smothered and drowned deceased and stolen her ornaments - Offence taking place near house of deceased - Evidence as to presence of accused near place of occurrence doubtful - Moreover accused being neighbour his presence at place of occurrence was inconsequential - Confession alleged to be made by the accused found inadmissible - Medical evidence not supporting prosecution case - Theft alleged to be motive for murder doubtful as earrings were found on body of deceased - Evidence not sufficient to connect accused with crime - Accused appellant liable to be acquitted - Co-accused charged on basis of same evidence also extende....
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