MAKHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel Shri Sandhu vehemently submitted that in this case even the dead body of the deceased Mohan Singh was not found, therefore, the petitioner should be released on bail. He further submitted that there is a delay of about 24 days in lodging FIR. He also submitted that in this case except the extra judicial confession on the accused there is no other evidence and it has been held by the Supreme Court in number of cases that extra judicial confession is a very weak piece of evidence and no conviction can be based on the extra judicial confession made by the accused.

(2.) In case of murder, it is not always necessary that dead body of the deceased must be found. There are cases wherein even the accused have been convicted where the dead body of the deceased were not found, if the other evidence was sufficient to record the conviction. Therefore, first submission of Mr. Sandhu is rejected.

(3.) Second submission of Mr. Sandhu that there was a delay in filing the FIR by 24 days cannot be accepted at this stage. In this case, it must be stated that the widow of the deceased Mohan Singh filed complaint against none else but her real brother present accused only when the accused himself confessed before his sister that he killed his brother-in-law Mohan Singh and threw his dead body in the canal. Hence, the second submission of Mr. Sandhu is also rejected.