Selvam Vs. State Thr. Insp. of Police
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Head Note
Indian Penal Code,1860 - Section 201 , Section 302 , Section 376 , Section 379
Murder - Conviction - Sustainability - Held, Court recorded a finding that extra-judicial confession made by appellant was voluntary and made in fit state of mind and that appellant having come to know of ensuing investigation might had come under a grip of fear and, therefore, would had rushed to make judicial confession before PW9 - Evidence was marshaled properly and prosecution had without an iota of doubt brought home guilt of appellant - In statement appellant did not plead any defense, rather a bald statement was made that he had falsely been implicated and there was no reason on basis of which evidence of PW5 could be disbelieved - Appellant had been seen going on TVS motorcycle with gunny bag and came back without any gunny bag regarding which he made confessional statement before PW9/V.A.O., recovery was made at his instance and recovery witnesses was examined whose veracity could not be doubted - Considering facts and circumstances of case death sentence awarded by Courts below require to be converted into life imprisonment but taking note of diabolic manner in which offence was committed against child, it was desirable that appellant should serve minimum sentence of 30 years in jail without remission, though subject to exercise of constitutional power for clemency - Appeal disposed of.
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