AKAL SAHU Vs. EMPEROR

JUDGEMENT

(1.) The appellant, Akal Sahu, aged about 30-35, has been found guilty of the offence of murder under Section 302, Indian Penal Code, and has been sentenced to transportation for life by the learned Sessions Judge of Monghyr. He was tried with two other persons, Bhagirath Mandal and Narain Sahu, both of whom have been acquitted by the learned Sessions Judge. The trial was held with the aid of four assessors who were of the opinion that the appellant was not guilty. The learned Sessions Judge, in disagreement with the opinion of the assessors has found the appellant guilty of the offence of murder with which he was charged.

(2.) It was alleged against the appellant that he had killed one Damodar Mandal at about 8-30 P.M. on 26 August 1945 in the following circumstances. His Lordship then set forth the facts of the case and the contentions of the two sides and after discussing the evidence proceeded as follows.

(3.) Turning now to the defence version, there is the first information which the appellant Akal Sahu had given at the thana at 7 A.M. on 27 August 1945. The question is whether this first information is admissible in evidence. Learned Counsel for the appellant has contended first, as a general principle, that the previous statement of a person, who is subsequently accused of an offence and is thus, rendered incapable of giving evidence on oath, is rot admissible in evidence in a case against him, unless it comes under any of the provisions of Section 32, Evidence Act, and secondly, that the information given by the appellant in this case is of the nature of a confession and, therefore, inadmissible in evidence under Section 25, Evidence Act.