Supreme Court of India · 1962-08-28
BABU SINGH vs STATE OF PUNJAB
- Citation / case number
- SC 1960/91
- Court
- Supreme Court of India
- Petitioner
- BABU SINGH
- Respondent
- STATE OF PUNJAB
Judgment text excerpt
The Supreme Court held that the confessions made by the appellants were inadmissible due to non-compliance with Section 164(3) and Section 364(3) of the Code of Criminal Procedure, 1898, which safeguard the voluntariness of confessions. The Court found that the confessions were not voluntary as the magistrate had not properly recorded the circumstances and had participated in the investigation. Consequently, the murder charge under Section 302 IPC could not be sustained, but the conviction under Section 201 IPC was upheld based on the recovery of the dead body at the instance of one of the appellants.