FATTIYA KALJI Vs. STATE

JUDGEMENT

(1.) THIS judgment will govern two appeals, Criminal Appeals Nos. 376 of 65 and 377 of 1965, as they arise out of the same judgment.

(2.) ORIGINALLY seven persons including the two appellants Fattiya and Awalsingh were prosecuted for offence under section 302, Indian Penal Code for committing murder of one Jawaniya, on 16-1-1965 at village Mehni. There were also other charges against all the accused persons under sections 149 and 148, Indian Penal Code. After trial only the two appellants Fattiya and Awalsingh have been convicted under section 302 read with section 34, Indian Penal Code and sentenced to rigorous imprisonment for life.

(3.) THE first contention is that the first information report Exh.P/2 given by the accused Fattiya is not admissible in evidence as it contains a confessional statement made to the Police. We think there is substance in this contention. THE first information report clearly mentions that Fattiya and other accused started cutting Tada; Jawaniya did not get down. THEy therefore cut the tree which fell down along with Jawaniya. His two legs were broken. Injuries were caused on his temporal region and he died immediately. As this information is included in the report, the first information report is definitely inadmissible as it is a confession made to the Police.