Facts of the Case

• ‘X’ and ‘Y’ are co-accused and are being jointly tried for the alleged murder of ‘Z’.
• During the investigation, ‘X’ makes a statement:
  “I myself and Y murdered Z.”
• This statement clearly amounts to a confession by X, which also implicates co-accused ‘Y’.
• The prosecution proposes to use this statement not only against X, but also against Y.
• The question arises whether such a statement (a confession implicating a co-accused) can be legally admissible against Y.

Issues in the Case

1. Is a confession of one accused admissible against a co-accused?
2. Does Section 30 of the Indian Evidence Act permit using X’s confession against Y?
3. What are the limitations and conditions for admissibility of a co-accused’s confession?
4. What weight should the Court give to such a confession while determining the guilt of Y?

Legal Principles Supporting Case Proceedings and Judgements

Section 30 – Indian Evidence Act, 1872

Section 30 deals specifically with the admissibility of a confession of a co-accused. It states:

When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and others is proved, the Court may take the confession into consideration as against such other persons.

Key Requirements Under Section 30

• The persons must be jointly tried.
• The confession must be proved against the maker (X).
• The confession must implicate both the maker and the co-accused.
• The confession can be used only as a supportive piece of evidence.

Important Limitations

• The confession of a co-accused is not substantive evidence by itself.
• It can only be used to corroborate other evidence (not replace it).
• A conviction cannot be based solely on a co-accused’s confession.

Judicial Precedents

1. Kashmira Singh v. State of Madhya Pradesh (1952 SCR 526)

• The Supreme Court held that confession of a co-accused cannot be the foundation for conviction.
• It can only be used for lending assurance to independent evidence.

2. Haricharan Kurmi v. State of Bihar (AIR 1964 SC 1184)

• The co-accused’s confession has limited evidentiary value.
• It is not “evidence” as defined under Section 3 of the Evidence Act.
• The Court must first evaluate evidence against the co-accused independently, and only then check if the confession lends assurance.

3. State of Maharashtra v. Kamal Ahmed Mohammed Vakil Ansari (2013)

• Reaffirmed that confession of a co-accused is weak evidence.
• It is admissible only when the accused are jointly tried.

Application to the Present Case

• X and Y are jointly tried for the murder of Z → Section 30 applies.
• X’s confession implicates himself and Y.
• The confession is relevant, but only for a limited purpose.
• It cannot be the sole basis of conviction of Y; independent evidence is required.

Possible Judgment

Admissibility

• The statement of X (“I myself and Y murdered Z”) is admissible under Section 30 of the Indian Evidence Act.
• However, admissibility does not equal full evidentiary strength.

Evidentiary Value

• It is merely a corroborative piece of evidence, not substantive.
• The Court must look for independent, substantive evidence pointing to Y’s involvement.

Probable Court Finding

• The Court will accept X’s confession only to the extent that it supports other reliable evidence against Y.
• If no independent evidence links Y to the murder, the Court cannot convict Y solely on the basis of X’s confession.
• X’s confession may be used freely against X, but cannot form the sole basis of Y’s conviction.

Probable Outcome

• Against X: Confession admissible and can be used strongly with other evidence.
• Against Y: Confession admissible but of weak probative value; conviction possible only if supported by independent evidence (motive, presence, recovery, eyewitness, forensic proof, etc.).

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