Supreme Court · 1994 INSC 562 · Decided 29 November 1994

Shivappa v. State of Karnataka

Court
Supreme Court of India
Citation
1994 INSC 562 · [1994] SUPP. 6 S.C.R. 171
Case number
CRIMINAL APPEAL No. 38/1992
Decided
29 November 1994
Bench
A.S. ANAND, M.K. MUKHERJEE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302; CrPC Section 164

Headnote

B Criminal Procedure Code, 1973-Section 164-Confession­ Evidentiary value-Voluntary statement-Recording of confessional statement-Duty of Magistrate-Inquiry by Magistrate to ascertain voluntary nature of confession-Rule of strict compliance with imperative requirements of Section confession made u/s 164 Cr.P.C.-Cryptic manner of holding enquiry to ascertain voluntary nature of confession-Confessional statement required to be ruled out of consideration to determine guilt-Conviction not D sustainable. The appellant along with five others were tried for various offences in

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