HEMAT RAMJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) [In this Triple murder case the accused was convicted under secs. 302-201 of the Indian Penal Code and his son under sec. 201 I.P.Code for alleged murder of the wife and two daughters of the accused Mr. M. M. Desai Advocate of the accused submitted that the trial Judge has erred in law in taking into consideration of the discovery evidence about the three dead bodies. His Lordships after narrating and discussing the facts of the case further observed:-

(2.) Mr. Desai submitted that having regard to the aforesaid evidence of P.S.I. Pathak Ex. 38 panch Maganbhai Motibhai Ex. 13 and panch Manabhai Ex. 19 the following facts are established beyond any doubt.

(3.) In order to substantiate the aforesaid contention Mr. Desai firstly invited our attention to secs. 24 25 and 26 of the Indian Evidence Act 1872 Sec. 24 provides for confessions made by accused persons caused by inducement threat or promise and they are irrelevant in a criminal proceeding. Sec. 25 provides that no confession made to a police officer shall be proved as against a person accused of any offence. Sec. 26 provides for confessions made by accused persons in custody of police and the same can only be proved against the accused persons if they are made in the immediate presence of a Magistrate. Mr. Desai thereafter invited our attention to sec. 27 which is as follows :-