PREETAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Preetam, the appellant herein and his brother Ishwar Lal were placed on trial before the Sessions, Judge, Morena, for committing the murder of one Chhita on June, 15, 1973 and removing ornaments from his person. The trial ended in an acquittal and aggrieved thereby the respondent-State preferred an appeal. The High Court dismissed the appeal so far as it related to Ishwar Lal but set aside the acquittal of the appellant and convicted and sentenced him under Section 302 and 404 of the Indian Penal Code. The above order of reversal is under challenge in this appeal.

(2.) To prove its case the prosecution relied upon three eye-witnesses, the doctor who held the autopsy, a judicial confession of the appellant and some recoveries made pursuant to his statement. While accepting the evidence of the prosecution so far as it sought to prove that Chhita met with a homicidal death, the trial Court rejected the entire evidence adduced by the prosecution to prove that the appellant was the author of the crimes. The High Court concurred with the finding of the trial Court that the three eye-witnesses could not be relied upon but found the confession voluntary and true and as, according to it, the evidence relating to recovery corroborated the confession reversed the order of acquittal relying upon the same.

(3.) Since the reasons given by the learned Courts below for disbelieving the eye-witnesses are cogent and convincing we must leave their evidence out of our consideration. We, therefore, proceed to consider whether the High Court was justified in making the confession the basis for conviction of the appellant.