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 S. 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 case at 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.) There was no direct evidence of the occurrence. Learned Sessions Judge wholly relied on the confession of the Accused to convict him. However, prosecution adduced evidence of extra-judicial confession before the Village Defence Party. The points for consideration are; (1) What would be the legal value of a confession recorded by administering oath to the maker and the fate of the trial which solely depends on such confession; (2) Whether a confession before the Village Defence Party is hit by S. 25 of the Evidence Act.