VidhiSangh

Supreme Court of India · 30/09/2022

MUNIKRISHNA @ KRISHNA ETC. versus STATE BY ULSOOR PS

[2022] 13 S.C.R. 415 · 2022 INSC 1322

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Summary

A 72-year-old man living alone in Bengaluru was found with his throat cut. Months later, police investigating another crime arrested five persons whose 'voluntary statements', partly video-recorded, admitted this and other murders. The courts below convicted them under Section 302/34 IPC, relying on those statements and the recovery of a knife and a gold ingot. The Supreme Court set the convictions aside. Confessions to police are barred by Section 25 of the Evidence Act and Article 20(3), and video recording does not make them admissible. N. Sri Rama Reddy, on tape recordings in an election petition, did not apply. The ingot was not identified as stolen property, and the knife was recovered months after the statement with a hostile panch witness. A chart of other alleged crimes without proof could not be considered, and the circumstantial chain was incomplete.

Issues

  1. Whether confessional 'voluntary statements' made by the accused to the police, including video-recorded statements played in court, could be relied on to convict.
  2. Whether recoveries of a gold ingot and a knife said to be made on the accused's information completed the chain of circumstantial evidence.
  3. Whether a chart listing other crimes allegedly committed by the accused's gang could be considered without proof.
  4. Whether interference with concurrent findings was justified.

Provisions considered

Held

Result

Appeals allowed. The convictions under Section 302 read with Section 34 IPC and the life sentences were set aside, and the appellants were to be released unless wanted in another case.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 415.