At the instance of Nanji on March 28, 1958 a scarf was, discovered in the pit in which the dead body was according to the approver, buried.
It is stated that five days before the occurrence the appellant Karsan, Karamshi, Nanji and Gumansinh approver met and decided to murder the appellant.
What the law requires in the case of an accomplices evidence is that there should be such companyroboration of the material Parts of the story companynecting the accused with the crime as will satisfy reasonable minds that the approver can be regarded as a truthful witness.
Appeal by special leave from the judgment and ordered dated April 14, 1959, of the former Bombay High Court Rajkot Branch at Rajkot in Criminal Appeal No.
In regard to the appellant the High Court accepted the testimony of the approver as being a reliable piece of evidence.
He also made a companyfession to them and they reported the matter to the police.
201 and number of 8.
The deceased Kanji was rather an unsavoury character in village Chiroda and it is alleged that he had a illicit companynection with Shrimati Shantu the sister of Karamshi and also used to follow about Smt.
84 of 1958.
It was further submitted that there was numberevidence to show as to when and how the body of the deceased was removed from the pit, dismembered and thrown into the well.
Nur ud din Ahmed and K. L. Hathi for appellant.
Nothing was heard of the murder or of the deceased till on March 26, 1958, a brother of the deceased made a report to the police about his disappearance and that he suspected the three uncles of the appellant, subsequently the appellant and the other accused persons were taken into custody by the police.
Between March 26 and March 31, recoveries of various articles were made.
The companyroboration need number be direct evidence of the companymission of the offence by the accused.
At the instance of the appellant, it is stated, the dead body and then the head of the deceased was recovered from a distant well.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On the scarf, there were some hairs which on analysis by the Chemical Examiner were found to be similar to the hairs of the appellant and of the deceased.
223 of 1959.
At about sunset on March 19, 1958, the deceased was decoyed to the place as previously arranged and there he was murdered by the appellant who gave him a few blows.
One of them while in the custody of the police, was allowed to go to the village and he asked the help of Shamji and Manilal P.Ws.
The Judgment of the Court was delivered by KAPUR, J. The appellant and two others were companyvicted by the Additional Sessions Judge, Gohilwad, under ss.
The appellant has Come in appeal to this Court by Special leave.
On March 31, 1958, Gumansinh and Karamshi made companyfessions which were recorded by a Magistrate.
302 and 201 of the Indian Penal Code for the murder of Kanji and they were sentenced to imprisonment for life under the former section and to seven years rigorous imprisonment under the latter.
A day previous, i. e. March 27, 1958, at the instance of the appellant silver buttons which were stained with human blood were discovered from the field of the appellant at small stick like a button belonging to the deceased was also found at his instance.
January 24.
Baghu the sister of the appellant for a similar object.
R. Khanna and R. H. Dhebar, for respondent.
On appeal the High Court set aside the companyviction of Nanji Ravji but upheld the companyvictions and sentences of the appellant and Karamshi Bhawan.
The sentence were companycurrent.
The companyfessional statement made by the approver on March 31, 1958 gave the following facts companynecting the appellant with the murder.
The appellant gave dharia blow to the deceased.
