KANU RANCHHOD TALPADA VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this appeal filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 12.2.1999, rendered in Sessions Case No.175 of 1998, by the learned Additional Sessions Judge, District Kheda at Nadiad, by which the sole appellant ('the accused' for short) has been convicted for commission of the offence under Section 302 of the Indian Penal Code ('IPC' for short) and sentenced to R.I. for life and fine of Rs.2,000/- and in default of payment of fine, further R.I. for three months.

(2.) The prosecution case, as disclosed from the FIR and unfolded during trial, is as under:

(3.) In support of the appeal, Mr. Pawar, learned advocate appointed by the Legal Aid Committee for the accused, has contended that as per the prosecution case, the accused himself appeared before the Police station and made extra judicial confession before P.W.8, Bhikhabhai Ramabhai, PSO, Petlad Town Police Station, in presence of P.W.1, Govindbhai Mohanbhai Talpada and P.W.2, Kesarising Jesingbhai Ajana. Extra judicial confession, inherently is a weak piece of evidence and in instant case it was made before the police personnel and, therefore, it was not voluntary in nature and no reliance can be placed on the said piece of evidence.