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PETITIONER: RAM PRAKASH
Vs.
RESPONDENT: THE STATE OF PUNJAB
DATE OF JUDGMENT: 02/09/1958
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SINHA, BHUVNESHWAR P. WANCHOO, K.N.
CITATION: 1959 AIR 1 1959 SCR 1210 CITATOR INFO : E 1964 SC1184 (3,7,14) E 1968 SC 832 (9) RF 1988 SC1883 (120)
ACT: Criminal Law--Evidence--Retracted confession of co-accused- Evidentiary value--Necessity of corroboration--Indian Evidence Act, 1872 (1 of 1872), s. 30.
HEADNOTE: The appellant was tried along with P for the offence of murder. The prosecution case was that the appellant, in conspiracy with P who was employed as a servant in the house of the deceased, took advantage of the deceased being alone in the house with her child, went upstairs and killed her and stole her ornaments, while P remained downstairs with the child. The evidence upon which the prosecution relied for conviction consisted of the confession of P, the statement of the appellant which led to the recovery of the ornaments belonging to the deceased from the possession of the mistress of the appellant, the recovery of a blood- stained dagger from his belongings at the police station and his conduct after the murder. The confession of P was later retracted by him in the Court of ’Session. It was contended for the appellant that a retracted confession of an accused ...