Indian Penal Code, 1860
Section 302 read with Section 201—Murder and causing disappearance of evidence—Conviction—Case of appellant-first accused that he has been convicted on the confessional statement and therefore, in case of circumstantial evidence and unless and until the complete chain of events were proved and established, he could not have been convicted on confessional statement—There is no confession by accused that he committed the offence, which has been relied upon by the Court—So-called communication by first accused addressed to prosecution witness is as such not believed by the High Court being secondary evidence and the same has not been proved—As such the High Court not given much weightage so far as the letter/communication is concerned—It cannot be said that appellant – first accused has been convicted on the confessional statement made in the letter/communication—Dead body recovered at the instance of accused—Car driven by deceased at the relevant time was recovered from the place and person disclosed by the first accused – appellant—Recovery of engine and gear box on the disclosure statement made by first accused has been established and proved by the prosecution—On the basis of strong circumstances when the trial court as well as the High Court has convicted the accused – appellant for the offences under Sections 302 and 201 of IPC, no reason found to interfere with the same in exercise of powers under Article 136 of the Constitution of India—Conviction upheld.
[Paras 6 & 7]
Decision : Appeal dismissed