Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 164,364

(a) Penal Code (XLV of 1860)--------   ---- S. 302--Murder - Healthy person receiving two severe hatchet blows on neck-Utterance of shriek by such person not improbable.   (b) Penal Code (XLV of 1860)------   -----S. 302-Murder-Evidence--Presence of eye-witnesses (brothers of deceased) not doubted --Accused (erstwhile servant of deceased) identified by them --Statements made by them, nevertheless, held, not sufficient for making sole basis of conviction without corroboration by independent evidence.   (c) Criminal Procedure Code ( V of 1898)-----   ----- Ss. 164 & 364 Confession made before a judicial officer but not in strict conformity with provisions of Ss. 164 & 364-At best an extra judicial confession-Evidentiary value to be assessed in context of other available evidence.   (d.) Criminal Procedure Code (V of 1898)--------   -----Ss. 164 & 364--Statement made to judicial officer under S. 164-Required to be recorded "in the course of, an investigation"-Confessional statement before judicial officer prior to commencement of investigation and not recorded in manner prescribed under Ss. 164 & 364-Nevertheless, not inadmissible in evidence if found to be voluntarily made.   A statement under section 164, of the Criminal Procedure Code is recorded in the course of investigation. Thus, where no investigation has commenced, section 164 of the Criminal Procedure Code is not at all attracted. But this does not mean that confessions, which would otherwise have been admissible, are nevertheless rendered inadmissible, because of the fact that they have not been recorded under section 164, of, the Criminal Procedure Code. This section does not exclude confessions which are otherwise admissible in evidence, as for example, confessional statements made before the commencement of the investigation. To hold otherwise would be to exclude from evidence very cogent and relevant material.   Where, therefore, a person after having committed murder, appeared of his own accord before an Additional District Judge, who had no knowledge whatsoever of the back-ground of the occurrence, and made a clean breast of…