Extra-judicial confession cannot be sole basis for convicting an accused: Madras HC

CHENNAI: Holding that the extra-judicial confession cannot be the sole basis for convicting an accused, the Madras High Court acquitted a person from conviction for murdering his brother and set aside the double life imprisonment imposed by the lower court.

After the perusal of material documents, a division bench comprising Justice MS Ramesh and Justice Sunder Mohan wrote that except the extra judicial confession given by a co-accused, there is no other evidence to prove the motive for the crime and the conspiracy. The bench also pointed out that most of the witnesses turned hostile.

The law is well settled that the prosecution has to produce all other evidence and can use the confession of the co-accused only to lend assurance to the other evidence on record, in the present case it lacks, wrote the bench while acquitting the accused. D.Thiagarajan approached the MHC seeking to set aside his conviction in the murder case, imposed by a lower court.

The case of the prosecution is that the deceased and appellant are brothers. Since the deceased was an alcoholic and was causing trouble to the family members, the appellant with his two friends made a conspiracy to murder the deceased, said the prosecution. On August 26, 2014, A1 the friend of the appellant took the deceased to a nearby wine shop, after the deceased consumed excess liquor, A1 took the deceased to a secluded spot and strangled him to death.

Nazarathpet police, Chennai booked a case based on a complaint received. In the meantime, the A1 appeared before the village administrative officer (VAO) and was given an extra-judicial confession. The same day the appellant and other accused surrendered before the police concerned. After perusing the final report the sessions court at Poonamallee in January 2020 acquitted A1 as he died during the course trial and also acquitted A3. However, the court convicted the appellant and sentenced him to double life imprisonment.