LexNARAYAN SINGH & ORS. versus STATE OF MADHYA PRADESH
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319 NARAYAN SINGH & ORS, v. STATE OF MADHYA PRADESH JULY 19, 1985 · [S. MURTAZA FAZAL ALI AND A. VARADARAJAN, JJ.] Evidence Act - Murder - Extra-judicial Confession - Admissibility of - Circumstances when conviction can be based upon it. A B There was a chrbnic land dispute between the deceased and C the appellants. While the deceased was proceeding towards his village along with PW 11, the appellants assaulted him with swords and farsis as a result of which he succumbed to his injuries. The first information Report was lodged promptly. The Sessions Judge acquitted the accused on the grounds: (i) that PW ll who was sole eye-witness and had seen the occurrence, did not D immediately disclose the names of the accused to the inmates of the family of the deceased when he went to the house and there- fore this was a fatal defect in the prosecution case from which an irresistible inference could be drawn that PW 11 could never have seen the occurrence; and (ii) that the evidence of PWs 5 and 9 constituting an extra-judicial confession is a very weak type of evidence. On appeal by the State, the High Court reversed the E judgment of the Sessions Judge and convicted the accused under ss. 148 and 302 read with sec. 149 of the IPC. Dismissing the appeal by the appellants, HELD: 1. It is true that the Supreme Court has held that F where two views are reasonably possible, the order of acquittal should not be disturbed. However, in the instant case, taking an overall picture of the evidence of PWs. 5, 9 and 11 and the recoveries of the weapons at the instance of the accused, there is no doubt that this is a fit·and proper case for interference by the High Court in reversing the judgment of the Sessions Judge G and convicting the accused. [323 G-H] 2. The learned Sessions Judge seems to have taken a most unrealistic view of the evidence of PW 11 by ignoring the fact that PW 11 being a guard of the deceased must have been shocked H 320 SUPREME COURT REPORTS [1985] SUPP.2 s.c.R. A and stunned after seeing the whole incident and, therefore, he may not have been in a position to mention the names of the accused IJ!l!lf!dlately but after composing himself within 10-15 minutes he mentioned the names and also gave all the details. PW 11 appears to be truthful witness as he himself admits that he could not inluediately give the names because he was perplexed and B it is quite a natural thing particularly in the case of person coming from the strata of society of which PW ll was a member. [322 E-G] 3. It is not open to any court to start with a presumption that extra judicial confession is a weak type of evidence. It would depend on the nature of the circumstances, the time when C the confession was made and the credibility of the witnesses who speak to such a confession. (323 B-C] In the instant case, after perusing the evidence of PWs 5 and 9 who stated on oath that one of the accused admitted before them that he had murdered the deceased, there is nothing which could lead to the conclusion that these independent witnesses ll were not telling the truth. The evidence of these two witnesses 'Illich lends support to the evidence of PW 11 was sufficient to warrant the conviction of the accused. Moreover the accused had made a confession before the police and on the basis of their statements, a blood"""1ltained farsi and sword were recovered which were found to contain human blood. This circumstance, therefore, c reinforces both the extra-judicial confession and the evidence of PW 11. The Sessions Judge, however, did not attach much importanee to the recoveries which are undoubtedly admissible under the Evidence Act and afford a guarantee to the truth of the prosecution case. [323 C-EJ F CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. 308 G & 420 of;1976. Froin the Judgment and Or.der dated 24.2.1976 of the Madhya Pradesh High Court in Criminal Appeal No. 300 of 1972. S.K; Gambhir for the Appellants. Ravinder Bana and A.K. Sanghi for the Respondent. I. The Judgment of the Court was delivered by H FAZAL ALI, J. These appeals are directed against a judgment of the Madhya Pradesh High Court convicting the appellants under NARAYAN SINGH v. STATE [r'AZAL ALI, J. ] 321 ss. 148 and 302 read with s. 149 of the Indian Penal Code and A sentencing them to imprisonment for life. By our Order dated 12th July 1985, we had dismissed the appeal
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