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1977 DIGILAW 311 (MP)

Govardhan Singh v. State of M. P.

1977-08-23

C.P.SEN, J.S.VERMA

body1977
Short Note : 1. The only circumstance meriting any serious consideration relates to the alleged extrajudicial confession made on 7.6.1975 and 12.7.1975. There is no cogent explanation why the prosecution witnesses including the village Patel (PW-3) Prabha kept quiet and took no steps till (PW-9) constable Phool Singh went to the village an the report Ex.P.15 being made an 10.7.1975 by (PW-2) Setusingh that deceased Nandlal had been missing far quite same time. These witnesses apparently came forward only when the police started enquiring into the absence of Nandlal from the village after he had not been seen far mare than a month. 2. The alleged extra-judicial confession made on 12.7.1975 before (PW-1) Kamtaprasad also does not inspire any confidence. In the opinion of this Court to base a conviction only an extra-judicial confession attempted to be proved by such witnesses whose credit is at least doubtful, would be extremely unsafe. Appeal allowed.