Chandra Bonia V/s State of Assam

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2011-03-30
Case No: 131 OF 2006
Case Type: Appeal (Criminal)
Judge Name: Harjit Singh Bedi & C.K. Prasad
Subject: Criminal Law
Statutes / Acts: Indian Penal Code, 1860
Section: s. 302
Bench Strength: Double Bench
Advocate: Praneet Ranjan (A.C.), Pranay Ranjan, Hemant Kr. Yadav and Rajesh Mishra & Avijit Roy, Adv. and Corporate Law Group (R)
State of Appellant(s): Assam
Equal Citation Details :

2012(1) GLD229 , 2011(3)GLT (SC) 23, JT2011(7) SC68, 2011(4)RCR(Criminal) 190, 2011(6) SCALE721, (2011) 4SCR 15, 2011(2) UJ 1695

 

Case Note / Description :

The extra-judicial confession was made by accused to the prosecution witness in a different background inasmuch as the accused suspected that he had been identified by the witness and he returned to warn her not to divulge any information to anyone - Statement of the prosecution witness recorded u/s. 164 Cr.P.C is almost in identical terms - The very proximity of the murder and the extra- judicial confession made to the prosecution witness shows that the confession is reliable - Also, the alleged murderweapon, had been recovered at the instance of the accused - Though, independent witnesses of the recovery did not support the prosecution, but no reason to doubt the evidence of the Investigating Officer - Thus, prosecution case proved beyond reasonable doubt - Evidence - Extra-judicial confession. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 131 of 2006. From the JudgmentAND Order dated 24.8.2001 of the High Court of Gauhati at Gauhati in Criminal Appeal No. 170 of 2000. Praneet Ranjan (A.C.) Rranay Ranjan, Hemant Kr. Yadav, Rajesh Mishra for the Appellant. Avijit Roy Corporate Law Group for the Respondent.

 
 
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