# SAHOO v. STATE OF U.P

- **Citation:** [1965] 3 S.C.R. 86
- **Court:** Supreme Court of India
- **Decided:** 1965-02-16
- **Case number:** CRIMINAL APPELLAT,E JURISDICTION: Criminal Appeal No. 248 of 1964
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/sahoo-v-state-of-u-p-3469
- **Pages:** 5

## Headnote

86
SAHOO
v
STATE OF U.P.
February 16, 1965
[K. SUBBA RAO, J. C. SHAH AND ~. S. BACHAWAT, Jf}
Confession-Accused mutte,ring self-indriminating statement to
himself-Whether amounts to confession-Communication to another
. ;person whether necessary.
The Sessions Judge in convicting the appellant of murder took
into account an extra-judicial confession alleged to have been made
by .him when shortly after the murder he was muttering to hi,,,self
that he had finished the deceased. The High Court confirmed the
·conviction. In appeal before this Court it was contended that that
the muttering of the accused did not amount to a confession as it
\Vas implic:t in the concept Of confession whether judicial or extrajudicial that it should he communicated to another. A man
can~
not confess to himself; he can only confess to another.
HELD: (i) Sections 24 to 30 of the Evidence Act deal with the
.admissibility· of confession"' but the expression 'confession' is not
defined. Shortly stated a confession is a statement made by an accus-
·ed admitting his guilt. (88 E]
Pakala Narayana v. R. L. R. 66 I.A 66, referred to.
(ii) It is not a necessary ingredient of the term confession that
it shall be communicated to another. The dictionary meaning of the
term does not Warrant·any such extension, nor the reason of the rule
underlying the doctrine of admission or confession demands it. The
probative nature of an admission or confession does not depend on
its communication to anotMr though just like any other piece of
evidence can be admitted in evidence only on proof. The following
illustration pertaining to a written confession brings out the idea: A
kills B; enters in his diary that he had killed him, puts it in his
drawer and absconds. When he places his act on record he does not
communicate to another; indeed he does not have any intention of
communicating it to a third party. Even so at the trial the said statement of the accused can certainly be proved as a confession made by
him. If that be so in the case of a statement in writing, there cannot
be any difference in principle in the case of an oral statement.
(88 H~89 C]
8hogilal Chunilal Pandya v. State of Bombay, . r19591
Supp. 1
S.C.R. 310, relied on.
(iii) But there 1s a clear distinction between the admissibility of
;an item of evidence and the weight to be attached to it. A confessional
soliloquy is a direct piece of evidence. Generally such soliloquies are
mutterings of a confused mind. Before such evidence can be accepted
it must be established by cogent evidence what were the exact words
used by the accused. Even if so much was established prudence and
justice demand that such evidence cannot be made the sole ground
of conviction. It may be used only as a corroborative piece of evidence. [90 B, DJ
In the present case the confession along with the other evidence
of circumstances was sufficient to prove the guilt of the appellant.
CRIMINAL APPELLAT,E JURISDICTION: Criminal Appeal No. 248
of 1964.
A
B
c
D
E
F
G
H
SAHoo v. STATE (Subba Rao, J.)
87
A
Appeal from the judgment and order dated September 16,
1964 of the Allahabad High Court in Criminal Appeal No. 348 of
1964 and capital sentenoe No. 26 of 1964.
B
c
D
E
F
G
R
P. C. Khanna, for the appellant.
0. P. Rana, for the respondent.

## Text

86
SAHOO
v
STATE OF U.P.
February 16, 1965
[K. SUBBA RAO, J. C. SHAH AND ~. S. BACHAWAT, Jf}
Confession-Accused mutte,ring self-indriminating statement to
himself-Whether amounts to confession-Communication to another
. ;person whether necessary.
The Sessions Judge in convicting the appellant of murder took
into account an extra-judicial confession alleged to have been made
by .him when shortly after the murder he was muttering to hi,,,self
that he had finished the deceased. The High Court confirmed the
·conviction. In appeal before this Court it was contended that that
the muttering of the accused did not amount to a confession as it
\Vas implic:t in the concept Of confession whether judicial or extrajudicial that it should he communicated to another. A man
can~
not confess to himself; he can only confess to another.
HELD: (i) Sections 24 to 30 of the Evidence Act deal with the
.admissibility· of confession"' but the expression 'confession' is not
defined. Shortly stated a confession is a statement made by an accus-
·ed admitting his guilt. (88 E]
Pakala Narayana v. R. L. R. 66 I.A 66, referred to.
(ii) It is not a necessary ingredient of the term confession that
it shall be communicated to another. The dictionary meaning of the
term does not Warrant·any such extension, nor the reason of the rule
underlying the doctrine of admission or confession demands it. The
probative nature of an admission or confession does not depend on
its communication to anotMr though just like any other piece of
evidence can be admitted in evidence only on proof. The following
illustration pertaining to a written confession brings out the idea: A
kills B; enters in his diary that he had killed him, puts it in his
drawer and absconds. When he places his act on record he does not
communicate to another; indeed he does not have any intention of
communicating it to a third party. Even so at the trial the said statement of the accused can certainly be proved as a confession made by
him. If that be so in the case of a statement in writing, there cannot
be any difference in principle in the case of an oral statement.
(88 H~89 C]
8hogilal Chunilal Pandya v. State of Bombay, . r19591
Supp. 1
S.C.R. 310, relied on.
(iii) But there 1s a clear distinction between the admissibility of
;an item of evidence and the weight to be attached to it. A confessional
soliloquy is a direct piece of evidence. Generally such soliloquies are
mutterings of a confused mind. Before such evidence can be accepted
it must be established by cogent evidence what were the exact words
used by the accused. Even if so much was established prudence and
justice demand that such evidence cannot be made the sole ground
of conviction. It may be used only as a corroborative piece of evidence. [90 B, DJ
In the present case the confession along with the other evidence
of circumstances was sufficient to prove the guilt of the appellant.
CRIMINAL APPELLAT,E JURISDICTION: Criminal Appeal No. 248
of 1964.
A
B
c
D
E
F
G
H
SAHoo v. STATE (Subba Rao, J.)
87
A
Appeal from the judgment and order dated September 16,
1964 of the Allahabad High Court in Criminal Appeal No. 348 of
1964 and capital sentenoe No. 26 of 1964.
B
c
D
E
F
G
R
P. C. Khanna, for the appellant.
0. P. Rana, for the respondent.
The Judgment of the Court was delivered by
_
.
Sobba_ Rao, J. Sahoo, the appellant, is a resident of Pachperwa
m the D1stnct of Gonda. He has two sons, Badri and Kirpa
Shanker. He lost his wife years ago. His eldest son, Badri, married
one Sunderpatti. Badri was employed in Lucknow, and his wife
was residing with his father. It is said that Sunderpatti developed
illicit intimacy with Sahoo; but there were incessant quarrels between them. On August 12, 1963, during one of those quarrels,
Sunderpatti ran away to the house of one Mohammed Abdullah,
a neighbour of theirs. The appellant brought her back, and after
some wordy altercation between them they slept in the only room
of their house. The only other inmate of the house was the appellant's second son, Kirpa Shanker, a lad of about 8 years. On the
morning of August 13, 1963, Sunderpatti was found with serious
in juries in the room of the house where she was sleeping and the
appellant was not in the house. Sunderpatti was admitted in the
Sadar Hospital, Gonda, at 5.25 p.m. on that day and she died on
August 26, 1963 at 3 p.m. Sahoo was sent up for trial before the
Court of Sessions, Gonda, on a charge under s. 302 of the Indian
Penal Code.
The learned Sessions Judge, on a consideration of the entire
evidence came to the conclusion that Sahoo killed Sunderpatti. On
that finding, he convicted the accused under s. 302 of the Indian
Penal Code and sentenced him to death. On appeal, a Division
Bench of the High Court at Allahabad confirmed both the conviction and the sentence. Hence the appeal.
Except for an extra-judicial confession, the entire evidence in
the case is circumstantial. Before we advert to the arguments advanced in the appeal it will be convenient to narrate the circumstances found by the High Court, which are as follows : (!) The
accused had illicit connections with the deceased; (2) the deceased
and the accused had some quarrel on the Janmashtami day in the
evening and the deceased had to be persuaded through the influence of their neighbours, Mohammed Abdullah and his womenfolk, to go back to the house of the accused; (3) the deceased was
seen in the company of the accused for the last time when she was
alive; (4) during the fateful night 3 persons, namely, the accused,
the deceased and the accused's second son, Kirpa Shanker (P.W.
17), slept in the room inside the house; (5) on the early morning
of next day, P.W. 17 was asked by his father to go out to attend
to calls of nature and when he came back to the varandah of the
house he heard s~me gurgling sound, and he saw his father going
out of the house murmuring something; and (6) P. Ws. 9, 11, 13
88
SUPREME COURT
REPORTS
[1965) 3 B.C.R.
and 15 saw .the ac.cused going out of the house at about 6 a.m. on A
th~t day solilo9uymg that he had finished Sunderpatti and thereby
finished the dally quarrels.
.
This Court in a series of decisions has reaffirmed the followmg well-settled rule of "circumstantial evidence". The circumstai:ces from which the conclusion of guilt is to be drawn should B
be m the first instance fully established. "All the facts so estab·
lished should be consistent only with the hypothesis of the guilt
of the accused and the circumstances should be of a conclusive nature and tendency that they should be such as to exclude other
hypotheses but the one proposed to be proved."
Before we consider whether the circumstances narrated above C
would, stand the said rigorous test, we will at the outset deal with
the content;on that the soliloquy of the accused admitting his guilt
was not an extra-judi.cial confession as the Courts below held it to
be. If it was an extra-judicial confession, it would really partake
the character of direct evidence rather than that of circumstantial
evlidence. It is argued that it is implicit in the concept of confesD>
sion, whether it is extra-judicial or judicial, that it shall be com·
municated to another. It is said that one cannot confess to himself: he can only confess to another. This raises an interesting
point, which falls to be decided on a consideration of the relevant
Provisions of the Evidence Act. Sections 24 to 30 of the Evidence
Act deal with the admissib'.lity of confessions by accused persons in
criminal cases. But the expression "confession" is not defined. The
Judicial Committee in Pakala Narayana v. R.(') has defined the said
expression thus :
!
"'
"A confession is a statement made by an accused: which
E:
must either admit in tenns the offence, or at any rate ~·ubF
stantially all the facts which constitute the offence."
A scrutiny of the provisions of ss. 17 to 30 of the Evidence Act
discloses, as one learned author puts it, that statement is a genu1, ·
admission is the species and confession is the sub-species. Shortly
stated, a confession is a statement made by an accused admitting his guilt. What does the expression "statement" mean?
G
The dictionary meaning of the word "statement" is "the
act of stating, reciting or presenting verbally or on paper." The term
"statement", therefore, includes both oral and written statements.
Is it also a necessary ingredient of the tenn that it shall be communicated to anoth.er? The dictionary meaning of the term. does not H
warrant ariy such extension; nor the reason of the rule underlying
the doctrine of admission or confession demands it. Admissions and
confessions are exceptions to the hearsay rule. The Evidence Act
places them in the category of relevant evidence, presumably on the
gro'und that, as they are declarat'ons against the interest of the perSOD making them, they are probably true. The probative value of
(') J .. F .. 66 !.A. 6:1.
SAHOO v. STATE
(8ubb:i Rao, J'.)
A an admission or a confession does not depend upon its communication to another, though, jusl like any other piece of evidence, it
can be admitted in ev'dence only on proof. This proof in the c~se
of oral admission or confession can be offered only by witnesses
who heard the admission or confession. as the case may be. The
following illustration pertaining to a wr'tten confession brings out
B the said idea: A kills B; enters in his diary that he had killed him.
puts it in his drawer and absconds. When he places his act on record.
he does not communicate to ano!her; indeed, he does not have any
intention of communi.cating it to a third party. Even so, at tlie trial
the said statement of the accused can certainly be proved as a confession made by him. If t'iat be so 'n the case of a statement in
·c
writing, there cannot be any difference in principle in the case of
an oral statement. Both mast stand on the same footing. This aspect
of the doctrine of confession received some treatment from wellknown authors on ev'dence. like Taylor, Best and Phipson. In "A
Treatise on the Law of Evidence" by Taylor, 11th Edn., Vol. I, the
D
E
following statement appears at p. 596:
"What the accused has been overheard muttering to
himself, or saying to his wife or to any other person in
confidence, will be receivable in evidence."
In "The Principles of the Law of Evidence" by W. M. Best, 12th
Edn., at p. 454, it is stated much to the same effect thus:
"Words addressed to others, and writing, are no doubt
the most usual forms; but words uttered in soliloquy seem
equally receivable."
We also find the following passage in "Phipson on Evidence", 7th
Edn., at p. 262:
.1
"A statement which the prisoner had been overheard
muttering to himself, if otherwise than in his sleep, is admissible against him, if independently proved."
·
These passages establish that communication to another is not a
necessary ingredient of the concept of "confession". In this context
a decision of this Court in Bhogila/ Chunilal Pandya v The State of
'G
b
Born ay(') may usefully be referred to. There the question was
whether a former statement made by a witness within the meaning
of s. 157 of the Evidence Act should have been communicated to
another before it coUid be used to corroborate the testimony of another witness. This Court, after considering the relevant provisions
of the Evidence Act and the case-law on the subject came to the
H conclusion that the word "statement" used· in s. 157 meant only
"something that is stated" and the element of communication was
not necessary before "something that is stated" became a statement
under that section. If, as we have said, statement is the genus and
confession is only a sub-species of that genus, we do not see any
reason why the statement implied in the conression should b~ given
(1) [1959) Supp. I S.C.R. 310.
90
SUPREME
COURT
REPORTS
[1965] 3 S.C.R.
a different meaning. We, therefore, hold that a statement whether
A
communicated or not, admitting guilt is a confession of ~ilt.
. But, there is a cle~r distinction between the admissibility of an
evidence and the weight to be attached to it. A confessional
soliloquy is a direct piece of evidence. It may be an expression of
conflict of emotion; a conscious effort to stifle the pricked conscience; B
an argument to find excuse or justification for his act; or a penitent
or remorseful act of exaggeration of his part in the crime. The tone
may be soft and low; the words may be confused; they may be
capable of conflicting interpretations depending on witnesses, whether they are biased or honest, intelligent or ignorant, imaginative
or prosaic, as the case may be. 'Generally they are mutterings of a c
confused mind. Before such evidence can be accepted, it must be
established by cogent evidence what were the exact words used by
the accused. Even if so much was established, prudence and justice
demand that such evidence cannot be made the sole ground of conviction. It may be used only as a corroborative piece of evidence.
The circumstances found by the High Court, which we have
D
stated earlier, lead to the only conclusion that the accused must
have committed the murder. No other reasonable hypothesis was or
could be suggested.
Further, in this case, as we have noticed earlier, P.W.s II, 13
and 15 deposed that they clearly heard the accused say when he E
opened the door of the house and came out at 6 O'clock in the
morning of the fateful day that he had "finished Sunderpatti, his
daughter-in-law, and thereby finished the daily quarrels". We hold
that this extra-judicial confession is relevant evidence:. it certainly
corroborates the circumstantial evidence adduced in the case.
I'
In the result, we agree with the conclusion arrived at by the
High Court both in regard to the conviction and the sentence. The
appeal fails and is dismissed.
Appeal dismissed.