The appellant left a beer party together with his brother, the deceased, at about 8.00 p.m and the deceased’s body was found lying in a footpath the following morning. The appellant was convicted of murder, sentenced to death and he appealed.
Headnote and Holding:
The court held that an extra-judicial statement had to be proved by the person to whom it was made and that person who had to be called to prove that it was that it was voluntarily made.The court accordingly concluded that the confession was not properly recorded and admitted in evidence. The court held that it was necessary before drawing the inference of the accused’s guilt from circumstantial evidence to be sure that there were no other co-existing circumstances which would weaken or destroy the inference.
