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PETITIONER: SUBRAMANIA GOUNDAN
Vs.
RESPONDENT: THE STATE OF MADRAS.
DATE OF JUDGMENT: 17/09/1957
BENCH: MENON, P. GOVINDA BENCH: MENON, P. GOVINDA SINHA, BHUVNESHWAR P. KAPUR, J.L.
CITATION: 1958 AIR 66 1958 SCR 428
ACT: Criminal law-Retracted confession-Corroboration, requirement of--Question by recording magistrate-If an inducement.
HEADNOTE: The appellant was charged with murder. The eye witnesses against him were not relied upon. He made a confession before a magistrate. One of the questions put by the magis- trate to the appellant before recording the confession was: " For what purpose are you going to make a statement?" To this he replied, " Others will be implicated in the case for murder, I alone have committed murder." It was argued that an inducement was given by the magistrate by the manner in which the question was put. The next day after the murder " a drawer, a baniyan and a bed-sheet", all stained with human blood were recovered from the appellant, for which no expla- nation was given by him. The confession was retracted before the Court of Session. These recoveries 429 were used as corroboration of the confession. It was con- tended that this was no corroboration. Held, that the confession was voluntary and the ...