AIR 2001 SUPREME COURT 979 ::2001 AIR SCW 767 ::(2001) 89 DLT 745 ::2001 (1) CurCriR 214 ::(2000) AllCriC 546 ::(2001) 1 AllCriR 678 ::2001 CriLR(SC&MP) 181 ::(2001) Mad LJ(Cri) 433 ::2001 (3) SCC 190 ::2001 SCC(Cri) 449 ::2001 (1) RecCriR 677 ::(2001) 1 Scale 695 ::2001 CriLR(SC MAH GUJ) 181 ::2001 (1) AndhLT(Cri) 266 SC ::(2001) 1 AndhLT(Cri) 266 ::2001 (1) AllCriLR 526 ::(2001) 1 ChandCriC 150 ::2001 (20) OCR 479 ::(2000) 2 Raj LR 609 ::(2000) 3 Raj LW 1776 ::(2001) 1 Crimes 268 ::2001 (2) LRI 423 ::2001 (1) Supreme 692 ::2001 (42) AllCriC 532 ::(2001) SC Cr R 351 ::(2001) 2 EFR 240 ::(2001) 2 JT 461 (SC) ::2001 (2) JT 461 ::2001 (3) SRJ 298 ::2000 WLC(Raj)(UC) 481

Supreme Court Of India

Hon'ble Judge(s): K. T. Thomas, R. P. Sethi , JJ

(A) Penal Code (45 of 1860) , S.300, S.392— Robbery with murder - Proof - Testimony of independent witness as to making of extra judicial confession by one of the accused to him - Accused was interrogated in police station at about 8 p.m. and let off after interrogation - He was directed to come again in morning at 10.00 a.m. on the next day - And statement of said independent witness regarding involvement of accused was recorded at 9 p.m. on same day - Testimony of said witness was reliable and not suffering from any contradiction - Thus mere omission of not arresting the accused during night time cannot be made a basis for discrediting the testimony of said witness. Evidence Act (1 of 1872) , S.3— (Para 13 14) (B) Evidence Act (1 of 1872) , S.27— Disclosure statement by accused - Robbery and murder - Confessional statement by one of the accused mentioning that "and I am wearing the pant which I washed (after commission of the offence) - Disclosure statement by another accused persons mentioning that "I can recover the (looted) property" - Objection to bracketed words and 'plea that statements hit by Ss. 24 and 26 of Evidence Act S. 162 of Cr. P. C. - Not tenable - Moreso when consequent upon disclosure statements articles mentioned therein were actual....