N Criminal Appeal Nos
178179 and 228 of 1975
From the Judgment and Order dated 10 4 1975 of the Punjab and Haryana High Court in Criminal Appeal No 40 of 1972
Frank Anthony Herjinder Singh and SN Singh for appellant No 1 in Crl
A17875 and appellants in Crl 17975 and Appellants Nos
1 2 in Crl
A22875
AK Sen and Herjinder Singh for appellant No 2 in Crl
A17875
RL Kohli Rameshwar Nath and Miss Manju Malhotra for appellant No 3 in Crl
A No 22875
OP Sharma and Miss Kusum Chaudhury for the respondents in all the appeals
The Judgment of the Court was delivered by GOSWAMI J
These appeals under the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act 1976 are directed against the judgment and order of the High Court of Punjab and Haryana convicting five of the appel lants Satbir Singh Paramjit Singh Harbhajan Singh Shiv Narain and Mp
Singh under section 302120B Indian Penal Code and sentencing them to imprisonment for life
Satbir Singh was also convicted on the sole testimony of Puran Singh under section 364 IPC and sentenced to rigorous im prisonment for seven years and fine
The remaining eight appellants Ajit Singh Darshan Singh Arjan Singh Baghal Singh Tara Singh Dial Singh Bachan Singh and Malook Singh were convicted under section 364 IPC and sentenced to seven years rigorous imprisonment and fine
They had all earlier been acquitted by the Additional Sessions Judge Amritsar
This case throws a lurid light on smuggling activities at the international India Pakistan border near Amritsar
Amongst the appellants hereinafter to be described as the accused MP Singh was an Inspector of the Border Security Force BSF Shiv Narain was a Sub Inspector BSF and Harbhajan Singh was a Constable BSF
Accused Ajit Singh is the father of the two accused Satbir Singh and Paramjit Singh
Ajit Singh is alleged to be a big smuggler indulging in his smuggling activities at the India Pakistan border with his two sons and the other accused persons namely Darshan Singh Arian Singh Baghal Singh Tara Singh Dial Singh Bachan Singh and Malook Singh
It is alleged that Inspector MP Singh SI Shiv Narain and Constable Harbhajan Singh along with other BSF personnel were conniving at the smuggling activities of Ajit Singh and party and were reaping their illegal harvest
197 Shingara Singh and his son Hardip Singh and Kartar Singh are the three deceased whose murders form the subject matter of this case
While the dead bodies of Hardip Singh and Kartar Singh were found that of Shingara Singh was not available
Puran Singh PW 3 son of Shingara Singh deceased was a member of the gang of smugglers headed by accused Ajit Singh and in the course of smuggling activities there was a quarrel with regard to the sharing of money to the extent of Rs 15000 which was said to be his due and which Ajit Singh and party were not paying
A few months prior to July 6 1970 the date of occurrence when accused Satbir Singh Jasbir Singh and ten or twelve labourers along with Puran Singh smuggled 15 jackets of gold each weighing 1000 tolas from Pakistan into Indian territory with the connivance of Inspector MP Singh and SI Shiv Narain BSF Puran Singh succeeded in slipping away under the cover of darkness with two jackets of gold
The gold with which Puran Singh fled away was then worth about Rs 5 to 6 lakhs
May 20 1970 A report was lodged by Shingara Singh deceased at Police Station Gharinda alleging that his son Puran Singh PW 3 who had been carrying on smuggling activ ities with the sons of accused Ajit Singh was taken away by accused Satbir Singh and some others not before us on May 6 1970 in a car
He did not then suspect anything
But now he had a firm suspicion that Satbir Singh Jasbir Singh and Paramjit Singh sons of Ajit Singh of Village Burj Rajinder Singh and Makhan Singh had abducted his son Puran Singh over a dispute about the smuggled gold and they had kept him concealed at some unknown place with the intention to kill him
On receipt of this report a case under section 364 IPC was registered by SI Baldev
Singh PW 63 at Police Station Gharinda exhibit PPY
July 7 1970 A report was sent to Police Station Gharinda by accused Shiv Narain SI BSF about an en counter of BSF with smugglers on the mid night of July 6 1970 on the border of India Pakistan at Border Pillar No 100 near Amritsar that two sikh young men fall dead to the fire opened by the Border Security Force of the Indian side
July 17 1970 The first information report exhibit PPZR of the present case was registered by Police Station Gha rinda on the report dated July 12 1970 exhibit PPZ of DSP Surjit Singh PW 64 which inter alia disclosed I heard a rumour on 8th July 1970 on my return from casual leave that three persons namely Shingara singh son of Inder Singh Kartar Singh son of Mangal Singh and Hardip Singh son of Shingara Singh jats residents of Ranike Police Station Gharinda had been abducted forcibly by Ajit singh of Burj and his sons residents of village Burj Police Station Gharinda and party from near Crystal Chowk Amritsar and that they had been shown killed in an encounter in connivance with Border Security Force and Pak Rangers
198 This report of DSP Surjit Singh has discounted the en counter story as a fib but yet it continued to be the de fence of the accused
According to the trial court the encounter version appears to be true
Were the three persons Shingara Singh Hardip Singh and Kartar Singh killed in an encounter with the BSF or mur dered in pursuance of a conspiracy to abduct and murder  While the first part of the question need not even be proved the second part must needs be proved to the hilt
The prosecution case further is that Puran Singh after having been taken away from his village was taken to the Haveli of Ajit Singh where he was asked about the gold which he had stolen away
Puran Singh informed the accused persons that he had delivered the gold to his brother Hardip Singh
It is alleged that Puran Singh was afterwards taken to the border and left with accused MP Singh and accused Shiv Narain who later on handed over him to Shaffi and Yakub two Pakistan smugglers and the latter took him to village Dial Pakistan
Puran Singh was brought to the Indian side of the border on the night intervening 6th and 7th July 1970 but was again taken back to Pakistan where from he could manage to escape and cross over to the Indian side of border only on November 6 1970 to figure as an eye witness to the murder of his father
It is alleged that on July 6 1970 Shingara Singh Hardip Singh and Kartar Singh all deceased alongwith Harnam Singh PW 5 went
to Amritsar
Shingara Singh and Hardip Singh had gone to attend court Kartar Singh to sell his vegetables and Harnam Singh to attend to his wife Smt
Piaro who was a patient in the VJ Hospital
After being free from their work at about 100 pm the three deceased along with Harnam Singh PW 5 went towards the VJ Hospital
When they had reached Crystal Chowk on way to the Vijay Hospital a big vehicle and a car came from the side of the Railway Station in which accused Ajit Singh Jasbir Singh absconder accused Satbir Singh Satara absconder accused Paramjit Singh accused Baghal Singh accused_ Tara Singh accused Arian Singh accused Bachan Singh accused Darshan Singh Pritu
Pritam Singh acquitted accused Malook Singh and accused Dial Singh with two other Jetsons in police uniforms Pamma and Malki at were travelling These persons were armed with guns and revolvers
The accused came out of the vehicle and physi cally lifted Shingara Singh Hardip Singh and Kartar Singh and whisked them away in the said vehicles
It is alleged that the deceased persons were first taken to the HaveIi of Ajit Singh in village Burj where they were belaboured and later on blindfolded and tied removed to the Indo Pakistan border where on that night some goods were to be exchanged between the accused with Balkar Singh PW 4 and the Pakis tani smugglers
Accused MP Singh was also present there
At about mid night all of them including accused Shiv Narain and accused Harbhajan Singh moved near Pillar No 100
This party handed over 1 14 maunds of silver to Yakub and Shaffi Pakistani smugglers and received gold in return Hardip Singh and Kartar Singh were brought by accused Satbir Singh and others towards Indian side of the border but Shingara Singh 199 was left behind with the Pakistani smugglers
Balkar Singh PW 4 then enquired as to why Shingara Singh had been handed over to Pakistanis
At that moment accused Shiv Narain fired two shots with very light pistol
Accused Harbhajan Singh accused MP Singh accused Paramjit Singh and accused Satbir Singh also fired shots at Hardip Singh and Kartar Singh from a distance of 25 yards who then dropped dead
Accused Jasbir Singh absconder came there and untied their hand s and removed the cloth covering their eyes
A rifle was placed near the dead body of Hatdip Singh and a Kitpan was placed near the dead body of Kartar Singh
Balkar Singh PW 4 also heard the sound of a fire shot in Pakistan territory when Ajit Singh accused said that Shingara Singh had also been killed
According to the prosecution to justify the killing of Hardip Singh and Kartar Singh accused MP Singh accused Shiv Narain and accused Harbhajan Singh with other officials of BSF manipulated an encounter story and got a false case registered at Police Station Gharinda on July 7 1970 exhibit PP O1 on a ruqa having been sent by SI Shiv Narain accused falsely alleging inter alia that on a secret information having been received by Inspector MP Singh accused that some Smugglers would bring some goods from Pakistan to India they conducted an
ambush behind Burj Border Pillar No 100 on the night intervening 6th and 7th July 1970 and during the process in defence the Naka party fired which resulted in killing of two persons who were subsequently identified as Hardip Singh and Kartar Singh
The accused persons were charged under section 364120B IPC for abducting Puran Singh
They were also charged under section 364120B IPC for abducting Shingara Singh Hardip Singh and Kartar Singh
They were further charged under section 302102B IPC for causing the death of Kartar Singh and Hardip Singh
They were also charged under section 109 IPC for abetting the murder of Shingara Singh which offence was committed in consequence of the abetment
The prosecution examined 68 witnesses
The accused denied the charges and the BSF accused suggested a motive for the prosecution by alleging animus against the DSP Surjit Singh PW 64
According to them Kartar Singh and Hardip Singh were killed as a result of an encounter with smugglers on the border
The Sessions Judge giving his reasons for not accepting the evidence of the eye witnesses and other material evi dence acquitted all the accused
The High Court on appeal confirmed the acquittal of two accused namely Pritam Singh and Mehar Singh but convicted the appellants as mentioned above
With regard to the charge under section 302120B IPC the case will depend upon the evidence of Puran Singh PW 3 and the extrajudicial confession by the accused Shiv Narain and Harbhajan 14 240SCI77 200 Singh before RK Kapur PW 41
With regard to the charge under section 364 IPC the prosecution rests upon Hamare Singh PW 5 and also upon the evidence of Gurdial Singh PW 10 Inspector Gurmukh Singh PW 11 and Constable Amrik Singh PW 46 with regard to the Roznamcha entry exhibit PP
We may also note here that Puran Singh PW 3 and Balkar Singh PW 4 were the two eye witnesses to the murder and Balkar Singh PW 4 was disbelieved both by the Sessions Judge and the High Court
Harnam Singh PW 5 is an eye witness to abduction
We should also note that Gutdip Singh PW 14 Atma Singh PW 27 and Mohinder Singh PW 28 who were witnesses with regard to the charge of abduction were also disbelieved both by the Sessions Judge and the High Court
Harnam Singh PW 5 who is the eye witness to abduc tion was disbelieved by the Sessions Judge but partly be lieved by the High Court
In the above state of the evidence Mr Sharma appearing on behalf of the state rests his case on the evidence of Puran Singh PW 3 and the extra judiCial confession made by the accused Shiv Narain and Harbhajan Singh before RK Kapur PW 41 with regard to the murder charge under sec tion 302120B IPC
He also relies upon the Roznamcha and the recoveries
We will therefore first examine the reasons given by the Sessions Judge for acquitting the accused
After narrating the facts deposed to by Puran Singh PW 3 the Sessions Judge held that the story on the face of it appears to be false
According to Puran Singh PW 3 the accused took him away to Ajit Singh s Haveli and then to the Indo Paki stan border only with a view t9 recover the gold which he had earlier managed to steal away
_ The Sessions Judge took note of the fact that Puran Singh had told the accused that the gold was lying with his brother Hardip Singh
It was therefore inconceivable that this clue with regard to the gold would not be pursued by the accused and Hardip Singh would be left out and Puran Singh alone would be taken away
This witness even after he had Seen the murder of his father Shingara Singh on July 6 1970 stayed in Pakistan for about four months without disclosing this fact to any body nor did he communicate about it to any of his rela tions
Although this witness said that he crossed from Pakistan to India only on November 6 1970 after the mur der and was arrested and interrogated by SI Jai Ram PW 58 and was also prosecuted for crossing the border there is no evidence from any police officer nor even from SI Jai Ram PW 58
No documentary evidence which would have been available if his statement Was true was produced in the case
Apart from that this witness stated that he was arrested by SI Jai Ram and he narrated the entire occur rence to him
SI Jai Ram does not Support him
On the other hand he had earlier stated before the committing Magistrate that he did not tell anything about the said murders to SI Jai Ram
The Sessions Judge also note several discrepancies in his evidence and finally came to the conclusion that he was not actually present at the  time of the murders nor was he abducted by the accused as alleged
201 The High Court does not appear to have closely consid ered the treasons given by the SesSions Judge for disbeliev ing the testimony of Puran Singh
it is difficult to appre ciate how the High Court can say that the statement of this witness seems to be quite natural in view of the infirmities pointed out by the Sessions Judge
After exam ining the entire discussion of the evidence of this witness by the High Court we are not satisfied that the High Court was right in relying upon the testimony of this witness
It is pointed out that the High Court was not correct in observing that it is not disputed that he Puran Singh is being tried for having come to Indian territory on November 6 1970 and the moment he entered the Indian territory he was taken into custody and his statement was recorded by the police
On the other hand the Sessions Judge found just to the contrary and there is no reference in the judgment of the High Court to the discussion by the Sessions Judge with regard to this aspect
We have next to see the reasons given by the Sessions Judge for disbelieving the testimony of Harnam Singh PW 5
This witness gave evidence about the abduction of the three deceased from the Crystal Chowk near VJ Hospital Amrit sar
The witness is a near relation of the deceased and he admitted that when the three deceased were abducted he suspected that the accused might inflict injuries on their person
Even so he did not go for police assistance nor did he inform even Mangal Singh PW 17 father of the deceased Kartar Singh about the occurrence although the latter was residing with him in the same house
He also did not ask the relations of the deceased to lodge any report with the police
Crystal Chowk is a busy commercial area where there are shops and some residential houses and the shops were open at the time of the incident
Even so this witness stated that there were no shops or bazar near the place of occurrence
This witness named five accused persons including two absconders and stated that he knew them by names about one year prior to the occurrence
Since he had named accused Paramjit Singh and accused Satbir Singh in the committing court he was asked there to identify these two accused
He however wrongly pointed towards accused MP Singh as Paramjit Singh and accused Pritam Singh as Satbir Singh
Accused MP Singh was not even alleged to be present at Amritsar at the time of abduction
Although this witness stated that he informed Kabal Singh PW 6 brother of Shingara Singh Kabal Singh did not corroborate him on this point
Further Harnam Singh PW 5 states about abduction of the three deceased from Crystal Chowk
The High Court accepts his evidence as being corroborated by witnesses regarding his presence at Amritsar with the three deceased persons
It is difficult to see how because his presence at Amritsar is proved the further fact about the abduction of the three deceased from Crystal Chowk is also established
There is no corroboration whatsoever of this part of the story
If the High Court has to look for corroboration of the evidence of Harnam Singh even about his presence at Amritsar on its own reasoning the principal part of the prosecution case about abduction depending upon his sole testimony cannot be held to be established
The 202 High Court also seeks to find corroboration of this part of the case from Roznamcha of July 6 1970 exhibit PP A wherein a certain information from an undisclosed source was re ceived at 200 PM by Gurdial Singh PW 10 to the effect that there was some fight between some smugglers near Crystal Chowk or some legislator had been abducted
This information is hearsay in absence of the informant
name of the informant is not even disclosed
Apart from this this Roznamcha does not corroborate Harnam Singh PW 5 with regard to his statement that the three deceased persons were abducted by the accused from Crystal Chowk
The High Court did not fail to observe that the reasons given by the witness for his belated examination by the police as padding obviously at the instance of the po lice
Even so the High Court explained away the fact  of Harnam Singh s not reporting to the police in a very unusu al way
The High Court observed firstly that it was natural for the witness not to be involved in the dispute of smugglers and secondly that there was no use informing the police as no petty police officer would take action against the international smugglers
The High Court went on to record that it appears in the present day administration that no petty police officer is likely to take responsibil ity in  the matter of prosecuting international smugglers without having the blessings of the highest police officer in the district and even above
Witnesses like Harnam Singh were therefore according to the High Court help less
We cannot commend this line of approach in a crimi nal case in order to find jurisdiction for conviction on shaky testimony by making a virtue of the inalertness of the police administration
The witness cannot be relied upon by resort to a kind of special pleading in his aid
We find that the High Court has not given any cogent reason for taking a different view with regarding to the appreciation of evidence of this witness by the Sessions Judge
About recovery of fire arms and gold at the instance of some of the accused the case rested on the evidence of the police officers alone
The other search witnesses were declared hostile on account of their not supporting the prosecution
The Sessions Judge did not feel it safe to act upon the testimony of police witnesses including Inspector Bachan Singh PW 68 in the matter of disclosure statement as well as of recovery of the fire arms and of gold in absence of corroboration by independent witnesses
The High Court held that there was no reason to disbelieve the police witnesses
But when both the Sessions Judge and the High Court seem to be in agreement in finding that there was padding by the police in respect of evidence produced in the case it could not be said that the Sessions Judge was so grievously in error that contrary appreciation of the evidence was compelling under the circumstances
There is also the evidence with regard to extra judicial confessions said to have been made by the accused Shiv Narain and Harbhajan Singh before RK Kapur PW 41 the Commandant of the Border Security Force
The Sessions Judge has considered that evidence as inadmissible under section 24 of the Evidence Act
203 The High Court differing from the opinion of the Ses sions Judge held the extra judicial confession as admissi ble in evidence since according to the High Court it cannot be held that he Kapur gave any threat inducement or promise to the accused
The High Court observed lm10 When this warning was conveyed to the ac cused by Shri Handa DSP the accused still stuck to the encounter versions and made their statements in writing supporting the encounter version
The said threat of Shri Kapur PW did not work and the accused stuck to their old story 
It was on 19th July 1970 that Shiv Narain and Harbhajan Singh were questioned separately when he told them that they should come out with the truth otherwise they would them selves be responsible for their actions and if they had done anything wrong they would go to jail
Instead of giving them any promise of help he in fact told them that if they were in the wrong they would go to jail 
From the statement of this witness which I have gone through minutely it is difficult to hold that he gave any inducement threat or promise to the accused persons and that the ac cused persons made the confessions in pursuance thereof
Section 24 of the Indian Evidence Act provides that a confession made by an accused person is irrelevant in a criminal proceeding if the making of the confession appears to the court to have been caused by any inducement threat or promise having reference to the charge against the accused person proceeding from a person in authority and sufficient in the opinion of the court to give the accused person grounds which would appear to
him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him
Indeed Mr Kapur was a person in authority being the Commandant of the rank of a Senior Superintendent of Police and the confessing accused were his subordinates
Apart from this it appears from his evidence that the oral confessional statements were not readily forthcoming from the accused persons but they had to be interrogated on several occasions
He further advised DSP Handa to interrogate them with a warning that they should state the truth otherwise they would not be supported by me
Mr Kapur further admitted in his cross examination that he did tell Mr Handa on telephone on 10th July 1970 that he should give a warning to Border Security Force people to come out with truth otherwise they themselves would be responsible for their actions
Mr Kapur also himself enquired from MP Singh and Shiv Narain accused about the matter on 19th July 1970 telling them that now that the case has been registered they should state the truth
In deciding whether a particular confession attracts the frown of section 24 of the Evidence Act the question has to be considered 204 from the point of view Of the confessing accused as to how the inducement threat or promise proceeding from a person in authority would operate in his mind
It is true that Mr Kapur in his evidence denied having held out to the accused any inducement threat or promise
We however find
that on July 1 7 1970 the police gave a go by to the encounter story and the present case was registered against the accused
Two days after on July 19 1970 Mr Kapur having already failed to get any confessional statement from the accused through other agen cy took upon himself to question accused Shiv Narain and Harbhajan Singh separately and this time he succeeded in securing confessional statements
When the two accused were questioned
separately after several abortive attempts to secure confessions can it be said that there  was no in ducement threat or promise of some kind proceeding from
Mr Kapur to have made any impact on their minds resulting in the confessions  Mr Kapur having stated to the accused on July 19 1970 that now that the case has been regis tered they should state the truth it is difficult to hold that by this statement he would not generate in the minds of the accused some hope and assurance that if  they told the truth they would receive his support which he had earli er  conveyed to them through DSP Handa
It is true that in the course of cross examination Mr Kapur stated that he had told the accused that if they had done anything wrong they would go to jail
But having regard to the effect of the totality of the evidence of this witness we are unable to hold that the confessions made by the accused before Mr Kapur on July 19 1970 were free from the taint of infirmi ty within the mischief of section 24 of the Evidence Act  We are therefore clearly of opinion that the extra judi cial confessions by the two accused Shiv Narain and Harbha jan Singh have to be completely excluded from consideration being hit by section 24 of the Evidence Act
Similarly not much can be made of abscondence of certain accused when other material evidence connecting the accused with the crime has failed in this case
A serious infirmity in the judgment of the High Court is that it has not at all considered the reasons given by the Sessions Judge for acquitting the accused
The High Court has given its own reasons for convicting the appellants but that is not enough in an appeal against  acquittal
As a practical proposition in an appeal against acquit tal it is always necessary that the reasons given by the trial court for recording an acquittal should be examined by the High Court
If the conclusions of the trial court are not based upon any evidence or they are such as no reasona ble body of men properly instructed in law can reach on the evidence or they are so palpably wrong as to shock the sense of justice the High Court will be justified in taking a contrary view by giving its own reasons
It is not enough that it is just Possible for the High Court to take a con trary view
While interfering with acquittal the judg ment of the High Court should demonstrate clearly 205 the unworthiness of the conclusions of the trial court having regard to all the relevant evidence in record
We are unable to say in these appeals that the High Court has followed these salutary principles in dealing with an appeal against acquittal
We may also observe that the High Court need not have mentioned the fact that the Sessions Judge was suspended on account of corruption charges
If we may say so it was absolutely unnecessary to refer to this in disposing of the appeal
We are clearly of opinion that this was not a fit case where the High Court should have interfered with the acquit tal of any of the appellants
The appeals are allowed
The judgment and order of the High Court are set aside and the appellants are acquitted of all the charges
The appel lants Satbir Singh Paramjit Singh Harbhajan Singh Shiv Narain and MP Singh shall be released from detention forthwith
The remaining appellants Ajit Singh Darshan Singh Arjan Singh Baghal Singh Tara Singh Dial Singh Bachan Singh and Malook Singh who have been on bail shall be discharged from their bail bonds SR Appeals allowed


Summary:
All the accused were tried for offences section 302120B and 364 IPC but acquitted by the Additional Sessions Judge Amritsar
On State s appeal against acquittal the High Court convicted five of the appellants Satbir Singh Paramjit Singh Harbhajan Singh Shiv Narain and MP Singh under section 302120B IPC and sentenced them to imprisonment for life
Satbir Singh was also convicted on the sole testimony of Puran Singh PW3 section 364 IPC and sen tenced to rigorous imprisonment for seven years and fine
The High Court held the extra judicial confessions made by Shiv Narain and Harbhajan Singh before RK Kapur PW 41 the commander Border Security Force as admissible in evi dence before convicting them and rejected the plea of en counter on the Indo Pakistan border
The High Court con victed the remaining eight appellants Ajit Singh Darshan Singh Arian Singh Baghal Singh Tara Singh Dial Singh Bachan Singh and Malook Singh section 364 IPC and sentenced them also to rigorous imprisonment for seven years with fine
Allowing the appeals under the Supreme Court Enlarge ment of Criminal Appellate Jurisdiction Act 1971 the Court HELD 1 This was not a fit case where the High Court should have interfered with the acquittal of any of the appellants
The High Court has not at all considered the reasons given by the Sessions Judge for acquitting the accused
It has given its own reasons for convicting the appellants but that is not enough in an appeal against acquittal
205 B C 2 As a practical proposition in an appeal against acquittal it is always necessary that the reasons given by the trial court for according an acquittal should be exam ined by the High Court
If the conclusions of the trial court are not based upon any evidence or they are such as no reasonable body of men properly instructed in law can reach on the evidence or they are so palpably wrong as to shock the sense of justice the High Court will be justi fied in taking a contrary view by giving its own reasons
It is not enough that it is just possible for the High Court to take a contrary view
While interfering with acquittal the judgment of the High Court should demonstrate clearly the unworthiness of the conclusions of the trial court having regard to all the relevant evidence in record
The High Court has followed these salutary principles in dealing with an appeal against acquittal
204 G H 205 A 3 In deciding whether a particular confession attracts the frown of section 24 of the Evidence Act the question has to be considered from the point of view of the confess ing accused as to how the inducement
threat or pro raise proceeding from a person in authority would operate in his mind
In the instant case the extra judicial confessions by the two accused Shiv Narain and Harbhajan Singh have to be completely excluded from consideration being hit by section 24 of the Evidence Act
When the two accused were questioned separately after several abortive attempts to secure confes sions it cannot be said that there was no inducement threat or promise of some kind
203 H 204 A E 196 Observation The witness cannot be relied upon by resort to a kind of special pleading
in his aid
The line of approach in a criminal case in order to find justification for conviction on shaky testimony by making a virtue of the inalertness of the police administration is not to be commended