JAMIRUDDI MASALLI Vs. EMPEROR

JUDGEMENT

(1.) The three appellants ham been convicted by a jury of dacoity. There can be no doubt that the dacoity was committed, but it was not known by whom, until about eight months afterwards. Through information obtained one Fatik was arrested. He was examined as a witness under conditional pardon, and it is on his evidence that the conviction of the appellants almost entirely depends. In laying this, evidence before the jury, the Sessions Judge told them: "If you think that the approver's story is worthy of credit in itself, you have to consider whether it has been corroborated on material points." He then described what in his opinion were "the points of corroboration," and he told the jury that "the above are points on which the Evidence has been corroborated and that corroboration is full and complete, if you believe it; you have to consider these points and decide whether the approver has been corroborated in material points; and if you find that to be so, then you have in his story sufficient evidence to connect all three accused with the crime."

(2.) This was not a proper way to place the case before the jury. The Sessions Judge should have told the jury that, although the law permits them to convict on the uncorroborated evidence of ant accomplice, it is not the practice of our Courts, which nave consistently held that it is not safe or proper to convict on such evidence without some corroboration sufficient to connect each of the accused with the offence committed. With this caution the Sessions Judge should have hid before the jury the evidence corroborating the statement of the accomplice. In regard to the nature of the corroborative evidence, it must be confirmatory of some of the leading circumstances of the story of the approver- as against the particular prisoner--Queen V/s. Kalla Chand Doss (1869) 11 W. R. Cr. 21. Facts which do not show the connection of the prisoner with the commission of the offence with which he is charged are no corroboration in the sense in which the word is used in such cases, although they may tend to show that certain portions of what the accomplice says is true--Queen V/s. Nawab Jan (1867) 8 W. R. Cr. 19, 25. per Macpherson J. So also it has been held that as a general rule Courts ought not to convict upon an accomplice's testimony, unless it is confirmed not only as to the offence, bat as to the identity of the individual prisoner as the person or one of the persons, who participated in the offence, and juries ought to be so advised and directed--Palamsam (1863) Weir 535. Lastly, it was held by a majority of a Full Bench of this High Court that it would be an error in summing up, if a Judge, after pointing out the danger of acting upon the uncorroborated evidence of an accomplice were to tell the jury that the evidence of the accomplice was corroborated by a fact, which did not amount to any corroboration at all-- Eiahee Buksh (1886) 5. W. R. Cr. 80-88 This was quoted and followed by Macpherson J. in, Queen V/s. Nawab(sic)n (1867) 8 W. R. Cr. 19. 25.

(3.) In this case the Sessions Judge properly told the jury that they had to consider whether the story of the approver had been corroborated in material particulars by the other witnesses, and that, unless they were so satisfied that there is such corroboration they cannot convict. We have now to consider what the Sessions Judge laid before the jury as corroborative evidence.