LI Network
Published on: November 15, 2023 at 16:55 IST
The Supreme Court, in a recent verdict, underscored the significance of the quality of evidence when relying on extra-judicial confessions, while acquitting a convict in a murder case.
The court held that when the prosecution relies on extra-judicial confessions, it expects the evidence from individuals before whom the confession is made to be of “sterling quality.
The bench, comprising Justices Abhay S. Oka and Pankaj Mithal, raised doubts about the credibility of the extra-judicial confession made before PW-2 and PW-3, who happened to be the brothers of the deceased. The court found it unusual for an accused to confess before individuals so closely related to the victim.
The case, originated from November 12, 1997, involved the death of Hukabhai. The appellant faced conviction under Section 302 IPC (murder), a decision upheld by the Gujarat High Court. The trial primarily relied on the accounts of key witnesses, including PW-2 (Kalabhai) and PW-3 (Ramabhai), both closely connected to the deceased.
According to the prosecution’s case, the appellant allegedly assaulted Hukabhai with a bamboo stick. Eyewitnesses claimed that the accused followed the victim to his field and returned to the village with the same stick. The appellant supposedly confessed to the assault before PW-2, PW-3, and another individual named Ratabhai.
A crucial aspect of the defense’s case was the inconsistency in blood stains found on the accused’s clothes at the time of arrest.
The Serology Report revealed conflicting blood groups, weakening the prosecution’s argument. Additionally, the court dismissed the significance of the recovered axe, as eyewitnesses attested that the appellant used a stick, not an axe.
Given the inconclusive evidence and the lack of conclusive proof of guilt, the Supreme Court acquitted the appellant. The judgment highlighted the need for the prosecution to establish guilt beyond a reasonable doubt.
Case Title: PRABHATBHAI AATABHAI DABHI v. STATE OF GUJARAT
