AKANMAN BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE Appellant Akanman Bora appeals from Jail against the judgment and order of conviction dated 16 -6 -1983 under Section 302, I.P.C. in Sessions Case No. 72(NL) of 1981 of the Court of Shri P. K. Deb, Sessions Judge, Lakhimpur.

(2.) THE prosecution case was that accused Akanman Bora committed murder of Fatik Bora on 22 -5 -1981. The motive for murder was stated to be his implication in a dacoity caseat the house of Fatik Bora about 2 months prior to this occurrence. There was no dispute on the fact of death of Fatik Bora in the night of 22 -5 -1981 as a result of cut injuries over head and neck.

(3.) THE procedure for recording a confession has been prescribed in Section 164 of the Criminal P.C. A magistrate competent to record confession should strictly comply with the provisions of this Section. A confession is a statement of a suspect/accused of his complicity in a crime, made by him in the course of investigation and recorded by a Magistrate in accordance with the provision of Section 164 of the Criminal P.C. Schedule Form known as 'Assam Schedule VIII to the Form No. 96' is prescribed as a model form for recording a confession under Section 164 of the Code of Criminal Procedure. The recording Officer should carefully read the contents of the paragraphs of the Form before he proceeds to comply with the instruction thereunder and to make the required entries at the appropriate places so as to make it clear on its face as to his satisfaction of recording the same on the voluntariness of the maker. The question is, what will be the effect if oath is administered to the maker before he makes the confessional statement.