[2007] 1 MLRA
Krishna Rao Gurumurthi & Anor v. PP & Another Appeal
699
v. State AIR 1954 Pepsu 72). One of the cases referred to in that judgment is the
case of Mamun v. Emperor AIR 1930 Lah 530. There, the statement of the accused
that he had buried the dead body of the murdered person at the place pointed out
by him was held to be admissible under section 27 of the Indian Evidence Act. In
the case before us the statement of the appellant, 'the stolen money was kept in his
room' cannot be taken as a confession of guilt. The appellant did not say that he
stole the money, in which case, perhaps, that portion would be liable to be
excluded from circulation. It only means 'a stolen property'. In my judgment that
statement is unobjectionable.
[17] So too here. The first accused statement was simply that he had thrown the
body. He did not say that he had killed Balakrishnan. If the statement by the
accused in Mamun v. Emperor that he had buried the dead body of the murdered
person was admissible, we are unable, on the facts of the present instance to see
why the first accused's statement should not be admissible. Having regard to the
authorities and the facts here, the trial judge was, in our judgment, entirely correct
in admitting it.
[18] In the case of the second accused, he made his discovery statement to PW14
(ASP Ravinder Singh) in the course of being questioned. PW14 made a note (exh.
P103) of the information provided by the second accused. The information was
given in Tamil and was translated to PW14 by PW29 (Inspector Raguraman). Exh
P103 reads as follows:
OKT: Rajendran a/l Muthumanickam
Katanya 'Saya setuju tunjukkan barang kemas yang kami ambil dari kedai
emas itu, saya ada sembunyikan dalam satu beg di tempat buang grenade Ulu
Kinta.'
[19] In English it reads:
Suspect: Rajendran a/l Muthumanickam
He said 'I agree to show the jewellery we took from the shop, I hid it in a bag
in at the at the place for throwing away grenades in Ulu Kinta.'
[20] PW29 read back P103 in Tamil to the second accused who confirmed the
contents of that exhibit and signed it. PW14 and PW29 also signed P103. PW14
then made a police report (exh. (P104) based on exh. P103. P104 reads as follows:
... semasa saya dengan dibantu oleh Insp Raguravan sedang membuat
pertanyaan ke atas seorang lelaki India nama, Rajendran a/l
Muthumanickam ... telah ingin menyuarakan mengenai tempat emas yang
dinyorok selepas disamun oleh mereka bertiga.
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