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PETITIONER: SARWAN SINGH
Vs.
RESPONDENT: THE STATE OF PUNJAB(with connected appeal)
DATE OF JUDGMENT: 10/04/1957
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. JAGANNADHADAS, B. SINHA, BHUVNESHWAR P.
CITATION: 1957 AIR 637 1957 SCR 953
ACT: Confession--Procedure--Duty of the Magistrate--Time to be given to accused to decide to make the confession--Corroboration--Approver--Reliability--Test-- Corroboration--Code of Criminal Procedure (Act V of 1898), s.164.
HEADNOTE: The appellants and G were convicted of the offence of murder by the Sessions Court on the basis of the evidence of the approver, which it considered reliable, and the confession made by the first appellant which it found to be voluntary and true. The High Court held that the evidence of the approver as against G was very discrepant and. unreliable and set aside his conviction but, nevertheless, confirmed the conviction of the appellants. The appellants appealed to the Supreme Court. It was found (1) that the statement originally made by the approver as against the second appellant was wholly inconsistent and irreconcilable with the evidence given by him in Court and that the High Court did not consider the question as to whether the approver was a reliable witness at all, (2) that the Magistrate who recorded the confession did not fully comply w...