LexAHMED HUSSEIN VALI MOHAMMED SAIYED & ANR. versus STATE OF GUJARAT
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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[2009] 8 S.C.R. 719
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AHMED HUSSEIN VALi MOHAMMED SAIYED & ANR.
A
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v .
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STATE OF GUJARAT
(Criminal Appeal Nos. 2-5 of 2003)
MAY 12, 2009
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[K.G. BALAKRISHNAN, CJI. AND P. SATHASIVAM AND
J.M: PANCHAL, JJ.]
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PENAL CODE, 1860:
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Section 320 r/w 120-B - Murder -
Conviction and
sentence by designated court relying on confessional
statements, dying declaration and other materials -
Correctness of - Held: Correct - Conviction and sentence
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confirmed - TADA Act, Section 5, 15 - Arms Act, Section
D
25(1)(b), 27.
TADA ACT, 1987:
Section 15 - Confession statement under - Recording
of - Procedure and safeguards - Discussed - On facts Held:
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All the confession statements reliable and Designated Court
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rightly relied on them .
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SENTENCING:
Principles governing sen_tencing - Discussed - On facts,
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Held: Sentence awarded by Designated Court appropriate -
No ground to modify the same.
The designated court has convicted the accused-
appellants under s.302 r/w 120-8 IPC, Sections 25{1){c) G
of the Arms Act and Section 5 of the TADA Act and
sentenced them under different counts of punishment
including life imprisonment. In the appeal against the
abovesaid order, the main contention was that conviction
719
H
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SUPREME COURT REPORTS
[2009] 8 S.C.R.
A based on confessional statements of the appellants
without any corroborative evidence is not sustainable.
Dismissing the appeals, the Court
HELD:1.1. This Court has carefully perused and
B verified the confessional statemen!s. The perusal of their
statements show that all of them were informed about
the fact that there was no need and compulsion to make
a statement and the same would be used against them
in future in the very same case. It is also clear that all of
C them understood the entire procedure and made
voluntary statement to the competent authority that was
authorized to record their statement. Apart from narrating
the gang rivalry between Hansraj Trivedi and Abdul Latif
in respect of sale of liquor in Ahmedabad city, they also
D highlighted the number of persons involved in the
conspiracy in the murder of Hansraj Trivedi and others.
Most of the accused mentioned the appellants and others
who involved in the conspiracy and the ultimate killing
of Hansraj Trivedi and others. [Para 22] (744-F-H; 745-A-
E C]
1.2. The statements of the appellants/accused
recorded on various dates demonstrate the conspiracy
to eliminate the business rivalry, and killing of other gang
leader, Hansraj Trivedi and others and how they executed
F the same on 03.08.1992 in the premises of Radhika
Gymkhana Club. [Para 23] [745-C-D]
1.3. TADA Act, being a special Act, which permits
recording of confessional statement by a police officer
G not below the rank of Superintendent of Police and the
same is also admissible in evidence. However, it is the
duty of the prosecuting agency and the trial court/special
court to see that strict compliance are adhered to while
recording the confessional statement and relying on the
H same. [Para 24] (7 45-0-E]
AHMED HUSSEIN VALi MOHAMMED SAIYED &
721
ANR. v. STATE OF GUJARAT
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Kartar Singh vs. State of Punjab, (1994) 3 SCC 569,
A
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relied on.
2.1. The confession made by an accused if it is
voluntary and true, then it is admissible against co-
accused as a substantive piece of evidence. It is also 8
clear that while recording confessional statement, if there
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is omission to obtain signature of the accused at the end
of the confession, the same is admissible and the
omission made by the competent officer is curable in view
of the provision contained in Section 463 Cr.P .C. In the c
same manner, the Court has held even if there was any
omission in respect of the certificate which the competent
officer is required to append under sub-rule (3) at the foot
of the confession, it can be cured as provided under
Section 463 of the Cr.P.C. Such approach is permissible D
in view of Section 463 of the Cr.P.C. in regard to the
omission in recording confession under Section 164
Cr.P.C., the Court has clarified that the same approach
can be adopted in respect of confession recorded under
Section 15 of the TADA Act. It is true that in the case of
confessional statements, though signature of the
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accused and the officer who recorded their statement are
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available, the certificate in terms of Rule 15(3) was not
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appended. However, as explained iExcerpt shown. Read the full judgment & AI analysis in Lexace.