Case Note & Summary
The Supreme Court considered appeals against the conviction of Darshan Singh, Jagmohan Singh, and Swaran Kaur for the murder of Surjit Kaur. The prosecution case was based on circumstantial evidence, primarily an extra-judicial confession made to Bhupinder Singh (PW-16), who was a police associate. The Court noted that extra-judicial confession is weak evidence and requires corroboration. The witness was not unbiased, and the confession was not corroborated by independent evidence. The motive of non-payment of lease money was not sufficiently proved, and the last seen evidence was disbelieved by the trial court. The Court held that the chain of circumstances was incomplete and the conviction was unsustainable. The appeals were allowed, and the appellants were acquitted.
Headnote
A) Criminal Law - Extra-Judicial Confession - Weak Evidence - Extra-judicial confession is a weak piece of evidence and can be made basis of conviction only if the person before whom confession is made appears to be unbiased and not even remotely inimical to the accused - In the present case, the witness (PW-16) was a police associate and the confession was not corroborated by independent evidence - Held that conviction based on such confession is unsustainable (Paras 15-20). B) Criminal Law - Circumstantial Evidence - Chain of Circumstances - In a case based on circumstantial evidence, the chain of circumstances must be complete and must point only to the guilt of the accused - The prosecution failed to prove last seen evidence and the motive was not sufficiently established - Held that the conviction cannot be sustained (Paras 15-20).
Issue of Consideration
Whether the conviction based primarily on extra-judicial confession and motive is sustainable when the extra-judicial confession is made before a person who is a police associate and the chain of circumstances is incomplete.
Final Decision
Appeals allowed; conviction set aside; appellants acquitted.
Law Points
- Extra-judicial confession is weak evidence
- requires corroboration
- must be made before unbiased person
- chain of circumstances must be complete for conviction based on circumstantial evidence
