EMPEROR Vs. GANGAPA KARDEPA

JUDGEMENT

(1.) In this case eleven persona were tried for dacoity. Seven out of the eleven either before a Third Class Magistrate or before the Committing Magistrate or both, confessed to their guilt and implicated the other four. As regards 1 these seven there was other evidence besides their confessions, All eleven were convicted and all have appealed.

(2.) As regards the seven who made confessions, I think the evidence is conclusive.

(3.) The only matter which requires serious consideration as regards them is whether to their confessions the provisions of Section 24 of the Indian Evidence Act apply, so as to render them irrelevant. The matter was considered by the trying Judge and he came to the conclusion that the confessions were relevant. Accused 1 confessed only to the Committing Magistrate and accused 2 and 5 before the Committing Magistrate confirmed the confessions they had previously made. Before I the Committing Magistrate accused 3, 6, 7 and 8 repudiated (their confessions and two of them Nos. 6 and 7 produced written statements. These two therefore had evidently carefully considered the matter. I infer that the others had done the same. Hence the fact that accused 1, 2 and 5 confessed to the Committing Magistrate is in the circumstances a peculiarly strong reason for holding that the confessions of all were given in a way that did not offend against the provisions of Section . 24 of the Evidence Act. This inference is confirmed by the manner in which the confessions were recorded and by the assurance of the Magistrate who recorded them that they were voluntarily made.