LexRAM SINGH versus STATE OF UTTAR PRADESH
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' r: 2 S.C.R. SUPREME COURT REPOitTS RAM 8INGH v. STATE OF UTTAR PHAD.b;::iH (S. K. DAs, K. SuBBA RAo, and RAGHUBAR DAYAL JJ). 203 Criminal Trial -Murder-Extra-judicial confession-· Reliability of. The appellant was tried for murder. The facts establi· shed were that there were quarrels between the appellant and the deceased over the purchase of a cycle and in a play of cards that the appellant had purchased a sword a day earlier and that he had deposited the sword stained with human blood at the police station shortly after the murder. Evidence was also led of an extra-judicial confession made by the ap- pellant to one U but the High Court did not place reliance on it as it did not feel sure of it though it observed that a perusal of the stat~ment of U showed that it was very likely that what he stated may have happened. Held, that the statement of U regarding the extra-judi- cial confession was erroneously rejected by the High Court. Extra-judicial confessions were not usually considered with favour but such a confession con1ing from a person who ha<l no reason to state falsely and to who1n it was made in cir- cumstances •.vhich tended to support his statement could be relied upon. ~fhe extra-judicial confession in the present case was supported by the facts established, and these together fully established the guilt uf the appellant. CRIMINAL APPELLATE JumsDICTION : Criminal Appeal 89 of 1961. Appeal by special leave from the judgment and order dated December l:l, 19o0, of the Allahabad High Court in Criminal Appeal No. 178.:l of 60 and H.eferred No. 125 of 1960, S, K. Kapur, for the appellant. G. G. Mathur and G. P. Lal, for the respoudent, Hl6l. December l 9,-The Judgment of the Court was delivered by RAGUHBAR DAYAL, J.- Ram Singh appeals, by special leave, against the order of the Allahabad High Court dismissing his appeal and confirming IYOJ DtCtmber l!J. Raghub4r Dayal J, lftl Rl/fll SU.,A v. Sl•'4 of UI"" Pnu.h R.,m.HF D•J"I J. 204 SUPREME COURT REPORTS (1962) SUPP. his conviction and sentence of des.th, under e. 302, I.P.C., by the SeBBion Judge, Eta.wah. The prosecution eaEe, in b1ief, is that due to enmity, the a.ppella.nt caused injuriPe to Sheo Sa.ha.i, who wa.s sl.ieping in hie cattle shed in village Bhadurpur Ghar, with a ~" 01 d a.t about mid-night on the night between June 14.)5, 1960. Sheo ~abai died of the inju1 ies reccivtd. The a.ppella.nt there- after proceeded to the Canal Dietributory at some distance from the village and had a bath there. Later on, ho went to the Police Station, Ekdil, nine miles awa.y a.nd lodged a repo1t. He deliver- ed the sword which has been found by the Serolo- gist to be stained with human blood. 'l he appel· lant was ta.ken in custody a.nd as a result of the in- vestigation was sent up for trial, The appellant denied the allegation that ho had caused tho des.th of Sbeo Saha.i and alleged that he was falsely accused of the offence. He a.Jso denied the other allegations for tho prosecution. He a.lleg· ed that one Paley :::iingh informed him a.bout the murder of 1:-heo Sabai a.nd a.eked him to go to the Police Station, Ekdil, and to inform the Station Officer orally about the murder. He did accor· clingly. He wa.s detained at the Police Station till 11 a..m., tho next day a.nd was then put up in the lock up. The Sub-Inepector took hie thumb impression forcibly on three papers, but did not tell him the reason. The appellant adduced no evidence in support of his statement. The Courts below right- ly did not accept his version. The evidence led by the prosecution consisted of the evidence relating to motive, to hie extra.- judicial confession to one Ujagar Singh when he was having a. bath in the Canal, to hie purcha.eing the sword and to his delivering it at the polioe Station after he had dictated the report. Be.th the Courts below rightly believed the evidence about tho motive and purchase of the sword by the appellant. 2 S.C.R. SUPREME COURT REPORTS 205 The learned Sessions Judg~ believed Ujagar Singh and acted on the extra-judicial confession made by the appellant to him. The High Court, how- ever, did not relv on this extra-judicial confession. It relied on certain statements made by the appellant in his report dictated at the Police Station and consi- dered those facts together with the motive and the evidenpe about the purchase of the sword sufficient to confirm the a
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