KISHAN PRATAP SINGH V. STATE OF U.P., 2024 (AB) 543
FACTS:The informant, the husband of the deceased, reported that he received a call from his brother, Kishan Pratap Singh, about their children crying at home. Upon returning home, he found his wife dead with signs of a struggle. He suspected that Anoop Singh and Deepu Singh were responsible due to a prior dispute. An FIR was filed under Section 302 IPC. During the investigation, a second report was made by the informant claiming Kishan confessed to attempting to rape his wife and then throttling her to death out of fear she would report him. This confession served as the basis for the new allegations against Kishan.
Issue: Is an extrajudicial confession considered relevant evidence in a murder case?
OBSERVATION:The Allahabad High Court noted that extrajudicial confessions are inherently weak pieces of evidence and must be supported by compelling circumstances to be deemed credible. The defence argued that the prosecution's evidence, particularly the confession, was fabricated and
suggested the informant may have been involved in his wife's death due to an affair. The Court found no corroborating evidence in the FIR or during the inquest linking Kishan to the crime, contradicting the testimony of the informant’s young son, who claimed to have witnessed the incident. Furthermore, the witnesses to the alleged confession later turned hostile and denied it. Given the lack of reliable evidence and the doubts raised about the informant’s credibility, the Court concluded it was unsafe to convict based solely on the informant’s claims. Thus, the Court acquitted Kishan and allowed his appeal.
