Privy Council

Pulukuri Kottaya v Emperor

AIR 1947 PC 6719471 min read
The case in brief30-second read
Facts
The accused, in police custody, made statements that led to the recovery of spears and a cloth, and the statements as recorded included admissions that they had used them in the murder.
Issue
How much of a custodial statement is admissible under S.27 of the Evidence Act.
Held
S.27 admits only so much of the information as relates distinctly to the fact discovered. The fact discovered is the place from which the object is produced and the accused's knowledge of it, not the past use of the object. 'I hid the spear in the rick' is admissible; 'with which I stabbed him' is not.
Principle
Under S.27 only the part of the statement that distinctly leads to the discovery is admissible.
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Facts

  • The accused, in police custody, made statements that led to the recovery of spears and a cloth, and the statements as recorded included admissions that they had used them in the murder.

Issue

  1. How much of a custodial statement is admissible under S.27 of the Evidence Act.

Held

  • S.27 admits only so much of the information as relates distinctly to the fact discovered. The fact discovered is the place from which the object is produced and the accused's knowledge of it, not the past use of the object. 'I hid the spear in the rick' is admissible; 'with which I stabbed him' is not.

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Citation

Pulukuri Kottaya v Emperor AIR 1947 PC 67

Reported: https://indiankanoon.org/doc/254739/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.