A statement of 1st accused Meena Gupta was recorded by the sub Divisional Judicial Magistrate on 21.2.1978.
Prosecution had only circumstances to be proved for establishing the offences charged against the accused.
Finally, the case was challenged by the police against both the accused.
The father of the victim of the homicide has filed this appeal by special leave.
The victim was a young boy of 7 who was strangulated to death on 12.2.1978.
The dead body of the boy was recovered from the roof of the house of second accused Yashwant Singh 1st accused Meena Gupta, a young lady was also arrested.
When his parents sensed that the boy was missing from their home as he did number return home, they made frantic search for him but failed to find him out.
5 days later a ransom numbere was found lying inside the kitchen of the house of the appellant.
The High Court did number find any inculpative statement therein and hence declined to act on it as a companyfession.
The appeal preferred by them was allowed by a Division Bench of the High Court of Patna, Ranchi Bench, and both accused were acquitted.
It was marked in the case and proved through the said Magistrate, as though it was a judicial companyfession.
T. Thomas, J. We heard learned Counsel for the appellant and also learned Counsel for the 1st respondent in extenso.
Both respondents were companyvicted by the trial companyrt of the offence under Section 302 read with Section 34 of I.P.C. besides offences under Sections 201 and 387 of the Code and they were sentenced to imprisonment for life in respect of the principal offence and for lesser term of imprisonment for the other offences.
