The Basic Idea Embedded In Section 27 Evidence Act Is 'Doctrine Of Confirmation By Subsequent Events': Chhattisgarh HC Reiterates While Upholding Murder Conviction
The Chhattisgarh High Court, while upholding a murder conviction, noted that the basic idea embedded in Section 27 Evidence Act is the doctrine of confirmation by subsequent events.
The Court said that the doctrine is founded on the principle that if any fact is discovered as a search made on the strength of any information obtained from a prisoner, such a discovery is a guarantee that the information supplied by the prisoner is true.
In that context, the Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru , referring to the Apex Court judgment in Boby v State of Kerala, 2023 SCC OnLine SC 50 , observed: "The basic idea embedded in Section 27 of the Evidence Act is the doctrine of confirmation by subsequent events. The doctrine is founded on the principle that if any fact is discovered as a search made on the strength of any information obtained from a prisoner, such a discovery is a guarantee that the information supplied by the prisoner is true. The information might be confessional or non-inculpatory in nature but if it results in discovery of a fact, it becomes a reliable information. Section 27 puts a bar to use the confessional statement, but the fact that discovery and information which proved to reliable would be a circumstantial evidence.."
The case arose from a land dispute on June 25, 2020, involving the accused, Somadu Vetti, his nephew Tularam Vetti (who later absconded), and the deceased, Sukko Vetti.
The conflict began with verbal abuse and minor physical altercations, which escalated into a fatal attack that night. According to the prosecution, Tularam strangled Sukko while Somadu held his legs, resulting in Sukko's death. They then buried Sukko's body near the Mamadpal Pujari Para canal to hide the crime.
The defence argued that the case relied entirely on circumstantial evidence with no direct link to Somadu and pointed out inconsistencies in witness testimonies and a lack of clear motive.
On the other hand, the State argued that the evidence, including a confession, the recovery of a spade used as a weapon, and testimonies from villagers, formed a consistent chain leading to Somadu's conviction, supporting the trial court's decision.
The High Court observed that the prosecution was able to establish the guilt of the accused beyond reasonable doubt. Resultantly, the appeal was dismissed.
Cause Title: Somadu Vetti vs State Of Chhattisgarh (Neutral Citation: 2024:CGHC:30695-DB)
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