SAHOO versus STATE OF U.P.

SAHOO versus STATE OF U.P.

A statement made by an accused admitting guilt is a confession irrespective of whether it is communicated to another. Communication is not a necessary ingredient for admissibility. However, such evidence must be corroborated by other circumstantial evidence before a conviction can be sustained.

Parties
Appellant: Sahoo; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
16 February 1965
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Allahabad High Court Judgment and Order Dated September 16, 1964 in Criminal Appeal No. 348 of 1964 and Capital Sentence No. 26 of 1964
Outcome
Appeal dismissed
Legal Topics
Confession, Extra Judicial Confession, Circumstantial Evidence, Admissibility of Evidence, Murder
Criminal Law Law of Evidence Confession Extra Judicial Confession Circumstantial Evidence Admissibility of Evidence Murder

Case Brief

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Parties

Sahoo

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Allahabad High Court Judgment and Order Dated September 16, 1964 in Criminal Appeal No. 348 of 1964 and Capital Sentence No. 26 of 1964

Legal Issues

  1. 1 Whether an extra-judicial confession made by muttering to oneself amounts to a confession under the Evidence Act
  2. 2 Whether communication to another person is necessary for a statement to be considered a confession
  3. 3 Whether such a confession can sustain a conviction for murder

Ratio Decidendi

A statement made by an accused admitting guilt is a confession irrespective of whether it is communicated to another. Communication is not a necessary ingredient for admissibility. However, such evidence must be corroborated by other circumstantial evidence before a conviction can be sustained.

Court Disposition

Appeal dismissed

Orders

  • Conviction for murder under s. 302 of the Indian Penal Code confirmed
  • Sentence of death confirmed