ISSUE:
Whether the petitioner, Jayendra Saraswathi Swamigal, was involved in a conspiracy to murder Sankararaman?
Whether the confessions of co-accused recorded under Section 164 Cr.P.C. had sufficient evidentiary value to implicate the petitioner?
Whether Section 10 of the Indian Evidence Act applied, allowing acts/statements of alleged conspirators to be used against the petitioner?
Whether the petitioner was entitled to bail considering the seriousness of the offense and the available evidence?
RULE:
A confession of a co-accused is not substantive evidence and cannot form the sole basis of conviction. It can only be used to lend assurance to other independent evidence.
For Section 10 of the Evidence Act to apply, there must be prima facie proof of conspiracy. Statements made after the conspiracy has ended or by an accused who has not been independently connected to the conspiracy cannot be admitted under this provision.
A dying declaration must pertain to the cause of death or circumstances leading to it. A general statement expressing fear or apprehension does not qualify as a dying declaration under Section 32(1) of the Evidence Act.