there
and who signed the same. In pursuance to the confessional statement, the
I.O. took him to the scene of crime where some earth ... from the charge of murder, on the basis of his
confessional statement, wherein he had asked Appellant No.1, at the time of
strangulation
appellant Birendra Kumar
Yadav was arrested from his house and his confessional statement
was recorded by the police and on the basis of the same ... authorities Mr. Singh was of the view that the so called
confessional statement of the appellant Birendra before the police
firstly would be admissible only
request."
9. The AO proceeded to rely upon the retracted confessional statements
of Prem Singh and Tarlochan Singh and held that three Appellants ... recorded the statements. As regards Prem Singh,
his statement is stated to have been recorded by A.K. Narang, Assistant
Director. The statement of Rajendra
were seized under Mahazar [Ex-P5]. On 19/12/1993, the confessional
statement of A1-Senthilkumar was recorded by PW-37 Ramanujam,
Superintendent of Police ... that the confessional statement was properly
recorded; that A1-Senthilkumar was not forced or coerced into giving
statement; that the statement is given voluntarily
appellant Birendra Kumar
Yadav was arrested from his house and his confessional statement
was recorded by the police and on the basis of the same ... authorities Mr. Singh was of the view that the so called
confessional statement of the appellant Birendra before the police
firstly would be admissible only
There also
the court had held that the confessional statements of even the
living co-accused alone exclusively in the absence of other
evidence cannot ... Hari
Charan Kurmi (supra) carved out the following three principles:-
(i) confessional statement of the co-accused is weaker type of
evidence
facts and
circumstances of the case".
He further contended that confessional statement was not made
voluntarily. On the contrary it is evident from ... accepted as voluntary/confessional statement. Such
statement cannot be treated as voluntary one. But only can be described
as statement forcefully obtained by the police
confessional statement but wants to make some
statements before the learned Magistrate. So, the petitioners
did not want to make any confessional statement as alleged ... statement and Magistrate may
record his statement being satisfied that the person is
definite person involved in the case and willing to make
confessional statement
arrested on 12.05.2006. After his arrest, Amit Kumar
recorded his confessional statement on the same day i.e. 12.05.2006 at
15:00 hours (Exhibit ... information, Investigating Officer reached Giddhi Police Station,
Hazaribagh and recorded his confessional statement at Giddhi Police
Station on 26.06.2006 at 10:00 A.M. (Exhibit
arrested on 12.05.2006. After his arrest, Amit Kumar
recorded his confessional statement on the same day i.e. 12.05.2006 at
15:00 hours (Exhibit ... information, Investigating Officer reached Giddhi Police Station,
Hazaribagh and recorded his confessional statement at Giddhi Police
Station on 26.06.2006 at 10:00 A.M. (Exhibit
