TULSI SINGH versus STATE OF PUNJAB

TULSI SINGH versus STATE OF PUNJAB

Since the basic pre-requisites of s.164(2) Cr.P.C. for recording confession were not complied with, the trial court was not justified in entertaining the confession as voluntary, and in absence of any incriminating evidence, the conviction cannot be sustained.

Parties
Appellant: Tulsi Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
07 August 1996
Procedural Posture
Criminal Appeal / Decision of Appeal Against Conviction and Sentence
Outcome
appeal allowed
Legal Topics
Confession, Conviction, Procedure for Recording Confession, Murder
Criminal Law Confession Conviction Procedure for Recording Confession Murder

Case Brief

Summary, issues, holding and outcome

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Parties

Tulsi Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Decision of Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the confession of the accused was recorded in accordance with s.164(2) Cr.P.C.
  2. 2 Whether the conviction based solely on the confession can be sustained

Ratio Decidendi

Since the basic pre-requisites of s.164(2) Cr.P.C. for recording confession were not complied with, the trial court was not justified in entertaining the confession as voluntary, and in absence of any incriminating evidence, the conviction cannot be sustained.

Court Disposition

appeal allowed

Orders

  • conviction and sentence set aside
  • appellant discharged from bail bonds