Judgment

JUDGMENT :- The sole respondent in this appeal was convicted by the learned Sessions Judge, Sagar for the murder of his wife and child. On appeal the High Court of Madhya Pradesh acquitted the respondent of both the charges. The State has preferred this appeal. After having been taken through the relevant record by the learned counsel for the State and Shri Bhagat, who appeared as amicus curiae for the respondent, we do not think that this is a fit case for interfering with the order of acquittal. The conviction by the trial Court was based on an extra-judicial confession said to have been made by the accused to P. Ws. 1, 7,and 10 and a judicial confession recorded by the Learned Magistrate. The High Court rejected both the confessions.We think that the High Court did so for proper reasons. The confession recorded by the Magistrate was recorded in the form of questions and answers. The record shows that he was virtually cross-examined and whatever he said was in answer to leading questions put by the learned Magistrate. We think the confession was rightly excluded by the High Court. The extra-judicial confession said to have been made by the accused to P.Ws. 1,7 and 10 does