LOKEMAN SHAH AND ANR. ETC. ETC. versus STATE OF WEST BENGAL ETC. ETC.

LOKEMAN SHAH AND ANR. ETC. ETC. versus STATE OF WEST BENGAL ETC. ETC.

The statement Ext.13 recorded under Section 164 Cr.P.C. was a voluntary confessional statement when read as a whole; a true and reliable confession can form the basis of conviction and may be used with other evidence to infer that the confessor shared the common object of an unlawful assembly under Section 149 IPC; PW-24's eyewitness evidence was reliable and corroborated by PW-21 under Section 157 Evidence Act; on facts the convictions were upheld and death sentences were not warranted, so the death sentence of Nasim @ Naso was altered to life imprisonment and other convictions and sentences were affirmed as modified.

Parties
Appellant: Lokeman Shah; Appellant: Nasim @ Naso; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
11 April 2001
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Judgment on Merits
Outcome
Appeals dismissed
Legal Topics
Confessional Statement Under Section 164 Cr PC, Voluntariness of Confession, Unlawful Assembly and Common Object (section 149 Ipc), Corroboration of Evidence (section 157 Evidence Act), Admissibility of Eyewitness Testimony, Sentence Policy Rarest of Rare and Mitigation
Penal Code, 1860 Criminal Procedure Code, 1974 Evidence Act, 1872 Confessional Statement Under Section 164 Cr PC Voluntariness of Confession Unlawful Assembly and Common Object (section 149 Ipc) Corroboration of Evidence (section 157 Evidence Act) Admissibility of Eyewitness Testimony +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lokeman Shah

Appellant

Nasim @ Naso

Appellant

State of West Bengal

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Judgment on Merits

Legal Issues

  1. 1 Whether the statement recorded under Section 164 Cr.P.C. (Ext.13) is a confessional statement and admissible
  2. 2 Whether the confession was voluntary in light of alleged death of a co-accused in custody
  3. 3 Whether a confession can be used to infer that the confessor shared the common object of an unlawful assembly under Section 149 IPC

Ratio Decidendi

The statement Ext.13 recorded under Section 164 Cr.P.C. was a voluntary confessional statement when read as a whole; a true and reliable confession can form the basis of conviction and may be used with other evidence to infer that the confessor shared the common object of an unlawful assembly under Section 149 IPC; PW-24's eyewitness evidence was reliable and corroborated by PW-21 under Section 157 Evidence Act; on facts the convictions were upheld and death sentences were not warranted, so the death sentence of Nasim @ Naso was altered to life imprisonment and other convictions and sentences were affirmed as modified.

Court Disposition

Appeals dismissed

Orders

  • Convictions of both appellants under the counts as recorded by the trial court and confirmed by the High Court are upheld
  • Death sentence of Nasim @ Naso for the offence under Section 302 read with Section 149 IPC is altered to imprisonment for life