S.Arul Raja vs State Of T.Nadu

2.The appellant was convicted for murder, attempted murder, and criminal conspiracy to commit the aforesaid crimes in connection with the death of Sri Aladi Aruna, a former law minister of Tamil Nadu, which occurred on 31.12.2004. The facts in this regard go back to the alleged animosity between the appellant and Aladi Aruna over the years. The Appellant was running several educational institutions in the District of Tirunelveli and Kanyakumari, and had also started an Engineering College at Athiyuthu in 2000. Subsequently, Aladi Aruna himself started an Engineering College, proximate to the one started by the appellant. The relations between both the appellant and Aladi Aruna, who were on good terms until then, 2 were said to have deteriorated after the latter's direct involvement in the business sphere of the appellant.

3.Furthermore, in the same month in which Anna University granted affiliation to the Engineering College run by Aladi Aruna, it also cancelled the affiliation already accorded to the appellant's College. Consequently, many students allegedly left the appellant's College to join the institution run by Aladi Aruna. This situation was also alleged to be responsible for increasing the existing tension between both the appellant and Aladi Aruna.

4.Appellant has been accused of hatching a conspiracy wherein he engaged Accused No. 1, Veldurai (hereinafter referred to as "A1"), and deceased accused, Benny, to murder Aladi Aruna.

6.On the night of 25.1.2005, a team comprising the Gujarat and Tamil Nadu Police entered the flat that housed Veldurai and Benny, and attempted to apprehend them. In the melee that ensued, A1 was arrested, while Benny consumed cyanide. Both were taken immediately to the L.G hospital nearby, where despite being administered treatment, Benny died.

7.In the morning of 26.12.2005, the Executive Magistrate of Ahmedabad City, Mr. Solanki, went to L.G hospital upon receiving a written requisition to record the dying declaration of A1. In his statement made to the Executive Magistrate, A1 implicated the appellant in the crime, and declared that he was given a contract killing by one S.P. Raja for an agreed remuneration of Rs. 5,00,000/- out of which he was paid an advance of Rs. 20,000/-. The Executive Magistrate Mr. Solanki was examined as PW-30 and testified before the Principal Sessions Court at Tirunelveli as to the same.

8.The Executive Magistrate, who took the dying declaration from A1 has also noted that he was "hale and healthy" while his statements were being recorded. A1, it is significant to note, was discharged from L.G. Hospital on the same day, and produced before the Ahmedabad Magistrate for issue of transit warrant to Tamil Nadu.

9.The Madras High Court has convicted the appellant primarily on the basis of this declaration that implicated him in a conspiracy to murder Arul Raja. The High Court also took into account circumstantial evidence, such as the motive behind the act, as well as the statement of a bystander (PW3) who witnessed A1 and deceased accused Benny entering the premises of the Appellant's college on a motorcycle a week before the murder.

54. In view of the above case law, it is made clear that an extra- judicial confession is a weak piece of evidence. Though it can be made the basis of conviction, due care and caution must be exercised by the Courts to ascertain the truthfulness of the confession. Rules of caution must be applied before accepting an extra-judicial confession. Before the Court proceeds to act on the 29 basis of an extra-judicial confession, the circumstances under which it is made, the manner in which it is made and the persons to whom it is made must be considered along with the two rules of caution. First, whether the evidence of confession is reliable and second, whether it finds corroboration.

58. In view of the aforesaid conclusions, we find no merit in the arguments of the Respondent. These appeals are allowed and the decision of the High Court is reversed and the appellant stands acquitted of the charges against him purely and simply on benefit of doubt. He shall be released forthwith from jail, if not wanted in any other case.