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Head Note

Indian Penal Code,1860  - Section 302 , Section 364 , Section 201 , Section 342

Trial court conviction - Appeal - Accused took away deceased - Subjected him to severe ragging - Caused head injury to deceased - Severed his head and limbs - Removed his gold ring, watch and gold chain - Caused his death - High Court acquitted - Reversing and setting aside conviction - Enough evidence on record - Accused having malice and ill-will against deceased - Refused to succumb to ragging demands - Evidence of witnesses clearly stated - Deceased was last seen alive in the company of accused - Accused made a voluntary confession in police custody at no stage of trial - Any allegation of torture in hands of the police - Clearly proves - Statement by accused - Given voluntarily - Is an admissible piece of evidence - PW-66, PW-65 and PW-77 categorically stated - Skull, torso and limbs recovered were of deceased only - Recovery of crime objects - Basis of information given by accused - Provides a link in - Chain of circumstances - Impugned judgment and order of High Court set aside - Trial Court restored - Appeal allowed.

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