In a recent ruling, the Supreme Court, while acquitting a murder convict, emphasized the necessity of impeccable quality in evidence related to extra-judicial confessions. The court expressed skepticism regarding a confession made to the brothers of the deceased, questioning the unusual circumstance of an accused admitting guilt to close acquaintances.
The bench, comprising Justices Abhay S. Oka and Pankaj Mithal, scrutinized an appeal against the Gujarat High Court’s conviction of the appellant under section 302 IPC (murder). The case, originating from November 12, 1997, revolved around the death of Hukabhai.
Central to the prosecution’s case were the accounts of two key witnesses, PW-2 Kalabhai (the deceased’s brother), and PW-3 Ramabhai (a village resident). The appellant allegedly assaulted Hukabhai with a bamboo stick, a scenario supported by eyewitnesses. The prosecution argued that the confession to the assault was made before PW-2, PW-3, and another individual named Ratabhai.
The court, however, highlighted critical discrepancies in the case. Blood stains on the accused’s clothes did not conclusively link him to the crime. A Serology Report revealed inconsistencies, with the blood on the deceased’s clothes belonging to the ‘O’ group, while the accused’s clothes showed ‘A’ group blood. The inconclusive opinion on the blood stains further weakened the prosecution’s position.
The court also dismissed the significance of the recovery of an axe, citing eyewitness testimonies that contradicted the prosecution’s claim.
In light of these discrepancies, the Supreme Court acquitted the appellant, asserting that the prosecution failed to establish guilt beyond reasonable doubt.
This case underscores the court’s insistence on the sterling quality of evidence in matters involving extra-judicial confessions, raising questions about the reliability of such confessions, especially when made to close associates of the deceased.
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