The appellant who is accused no.1 was prosecuted along with four others for the offences punishable under Section 302 read with Section 34 as well as Section 201 of the Indian Penal Code (for short, ‘IPC’).
Also Read: https://newslaw.in/case-type/criminal/legal-analysis-juvenile-justice-act-and-incarceration-period/
Though initially, the appellant denied, after some persuasion, he admitted in presence of the aforesaid persons that he and four others (co-accused) had killed both the boys by strangulating them and had concealed their bodies in the field of one Bhagirath at Nakki Bari.
Tamijuddin; PW-8 Suchai Mandal and PW-9 Hira Lal Chourasia supported the prosecution case and deposed about the extra-judicial confession made by the appellant to them.
Both the Courts have believed the prosecution case regarding the alleged extra-judicial confession.
Also Read: https://newslaw.in/case-type/criminal/consensual-relationship-and-misconception-of-consent/
The case of the prosecution was that the appellant had confessed to PW-1 to PW- 9. when he along with PW-1 and PW-6 and other persons were talking near the gate of Bhagirath Mandal, PW-5 came there and told them that he had received information that Pawan(appellant) had murdered his son Kamlesh and nephew Bulla and had concealed their dead bodies.
Though PW-8 did not say so, PW-9 Hiralal stated that it was PW-8 who took out the dead bodies after some digging was made by the appellant.
(e) According to the version of PW-7, PW-1 did not inform him about any extra-judicial confession made by the appellant but PW-1 informed him that he had received the information that the appellant had murdered both boys. (h) Even after the alleged extra-judicial confession of committing murder was made before them by the appellant, PW-7 to PW-9 did not report to the police.
Also Read: https://newslaw.in/case-type/civil/moratorium-application-in-insolvency-case/
Therefore, in our considered view, the evidence in form of the extra-judicial confession of the appellant deserves to be discarded.
Case Title: PAWAN KUMAR CHOURASIA Vs. THE STATE OF BIHAR (2023 INSC 227)
Case Number: Crl.A. No.-002230-002230 / 2010
