VidhiSangh

Supreme Court of India · 14/03/2023

PAWAN KUMAR CHOURASIA versus STATE OF BIHAR

[2023] 2 S.C.R. 875 · 2023 INSC 227

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Summary

A man was convicted under Section 302 read with Section 34 and Section 201 IPC for the 1989 murder of two missing boys in Bihar solely on an extra-judicial confession allegedly made to villagers, who then accompanied him to a field where the bodies were dug up; the Patna High Court confirmed his conviction while acquitting four co-accused. The Supreme Court acquitted him: six of the nine confession witnesses, including the father of one boy, turned hostile; the three who supported the prosecution were strangers in whom the accused had no reason to confide, were inconsistent about where and when the confession was made, did not report it to the police, and one claimed to have heard him confess two weeks earlier yet stayed silent; the landowner present was not examined and the investigating officer was not examined. With no corroboration, the confession deserved to be discarded.

Issues

  1. Whether a conviction for murder can rest solely on an extra-judicial confession allegedly made to villagers who were strangers to the accused, where the majority of the confession witnesses turned hostile, the supporting witnesses were inconsistent and did not report to the police, and no other corroborative circumstance was proved.

Provisions considered

Held

Result

Appeal allowed; judgments of the trial court and of the Patna High Court dated 01.03.2007 set aside; appellant acquitted of all offences and his bail bonds cancelled.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 875.