THIMMA ALIAS THIMMA RAJU versus STATE OF MYSORE

THIMMA ALIAS THIMMA RAJU versus STATE OF MYSORE

The extra-judicial confession of the appellant to P.W.4, being voluntary and corroborated by material particulars, is admissible and ought to be relied upon. Circumstantial evidence establishes the appellant's guilt beyond reasonable doubt. Discovery resulting from the appellant's statement is unsafe to rely upon when the information was already available to police. Evidence of absconding is relevant but not conclusive of guilt.

Parties
Appellant: Thimma alias Thimma Raju; Respondent: State of Mysore
Jurisdiction
India
Judgment Date
02 April 1970
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgement and Order Dated July 17, 1969 of the Mysore High Court
Outcome
Appeal dismissed
Legal Topics
Murder, Evidence, Circumstantial Evidence, Extra Judicial Confession, Discovery Under Section 27 of Evidence Act, Absconding
Criminal Law Murder Evidence Circumstantial Evidence Extra Judicial Confession Discovery Under Section 27 of Evidence Act Absconding

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Parties

Thimma alias Thimma Raju

Appellant

State of Mysore

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgement and Order Dated July 17, 1969 of the Mysore High Court

Legal Issues

  1. 1 Whether circumstantial evidence establishes the appellant's guilt beyond reasonable doubt
  2. 2 Admissibility and weight of extra-judicial confession
  3. 3 Relevancy and weight of evidence of absconding

Ratio Decidendi

The extra-judicial confession of the appellant to P.W.4, being voluntary and corroborated by material particulars, is admissible and ought to be relied upon. Circumstantial evidence establishes the appellant's guilt beyond reasonable doubt. Discovery resulting from the appellant's statement is unsafe to rely upon when the information was already available to police. Evidence of absconding is relevant but not conclusive of guilt.

Court Disposition

Appeal dismissed

Orders

  • No interference in conviction and sentence; appeal fails and is dismissed.