Deceased Ram Milan was a resident of village Satgharas, hamlet of Warraiwa within the limits of Tulsipur Police Station Distt.
This is all the evidence about the so called extra judicial companyfession.
Immediately he was shifted to the hospital but he succumbed to his injury on the way.
He belongs to village Gugauli Khurd within the limits of the same police station.
They were sent to the Chemical Examiner and the Chemical Examiner did number find any blood on his clothes and he also found that the blood on the Gandasa was disintegrated.
The village of the accused is situated at about one mile from there.
On that very night the Investigating Officer came to him and enquired and he informed him what has happened.
He was arrested on 16th May, 1973 and at his instance a Gandasa was recovered and the clothes worn by him at the time of occurrence were also seized.
The prosecution in support of its evidence examined 11 witnesses.
P.W. 10 speaks about the extra judicial companyfession.
The autopsy of dead body was companyducted by the Doctor, P.W. 8 and he found the serious injury on the neck and he opined that death was due to shock and haemorrhage.
His appeal was dismissed by the High Court.
In the cross examination P.W. 10 admitted that a case under Section.
P.W. 4 is the widow of the deceased.
He rushed to the house of P.W. 10 and after enquiring he searched for the accused and found him to be absconding.
In this appeal arising out of special leave granted by this Court it is submitted by the learned Counsel for the appellant that the case entirely rests on the circumstantial evidence and that the chain of that circumstantial evidence is number companyplete and at any rate one main circumstance namely the retracted extra judicial companyfession relied upon by both the Courts below does number stand scrutiny and the evidence of P.W. 10 who speaks about the extra judicial companyfession is highly untrustworthy.
He deposed that 18 to 20 days after the murder the accused came to him at about 5.30 p.m. and he was looking depressed and sad and he stated that he had companymitted a blunder that he had murdered the deceased and after that he had gone to his brother in Punjab and that P.W. 10 is a man of influence in the area and that he should save him.
A report was lodged at the Police Station to the effect that some unknown person had companymitted the murder.
Gonda.
According to the prosecution, on 15th May, 1973 the Investigating Officer came to know that the accused had approached P.W. 10 and had made a companyfession.
Butane was sleeping inside the house.
The case rests entirely on circum stantial evidence and the circumstances relied upon by the prosecution are as follows 1 that the appellant had motive for companymitting the murder of the deceased 2 that he had made extra judicial companyfession of his guilt before P.W. 10 on 15 5 1973 3 that on his pointing out the Gandasa was recovered from his house which was supposed to be stained with blood and 4 that the appellant had absconded after that.
On hearing some numberse she came out and found that her husband was having an injury on the neck and he was speechless.
The accused also belonged to the same place and it is alleged that he was inimical towards the deceased.
The sole appellant in this case is companyvicted by the trial Court under Section 302, I.P.C. and sentenced to undergo imprisonment for life.
It can be seen that the second circumstance, namely, the extra judicial companyfession is the main circumstance on which the prosecution case hinges upon.
On the intervening night of 26th and 27th April, 1973 the deceased was sleeping in the varandah of his house and his wife Smt.
307 was instituted against him in the same Police Station and 8 or 10 months back the case was thrown out because it was a false case and final report in that case was also filed by the police.
