SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) APPELLANT/A1 viz., Sivakumar has been convicted for the offence under section 302 IPC and sentenced to undergo life imprisonment and pay fine of Rs.5000/= by the Additional Sessions Judge, Vellore in S.C.No.48 of 2001. The said conviction and sentence is the subject matter of this appeal.

(2.) BRIEF facts leading to the conviction can be narrated as follows:-

(3.) AS a matter of fact, post mortem report and particularly final opinion thereof has been furnished only on 31.7.2000 as revealed from the TOX.H report marked as Exs.P9 and P10. When that being so, it is too much on the part of PW18 Ravi to depose as if the appellant approached him to give confessional statement because of the reason that the post mortem report shows as if death was due to strangulation. Therefore, it appears that the said extra judicial confession marked as Ex.P2 as well as confession recorded by the investigation officer at the police station should be at one and the same time at the active assistance and instructions of the investigation officer to suit his convenience. So, the extra judicial confession marked as Ex.P2 cannot be safely relied as if it is a genuine and voluntary one.