JUDGMENT :- The appellant was charge-sheeted under S. 302, I. P. C. but on trial the learned Sessions Judge acquitted the appellant on the ground that there was no sufficient evidence against him to prove the case beyond reasonable doubt. The State of Orissa filed an appeal against the order of acquittal passed by the Sessions Judge and the High Court, on appeal, reversed the order of acquittal passed by the Sessions Judge and convicted the appellant under Section 302, I. P. C. and sentenced him to imprisonment for life. We have gone through the judgment of the Sessions Judge and that of the High Court and we are clearly of the opinion that the evidence against the appellant is very slender. The main evidence against the appellant consists of the retracted confession made by the accused before the Magistrate where he admitted to have assaulted the deceased with a lathi as a result of some altercation with the deceased. This confession has been held to be voluntary both by the High Court and Sessions Court and nevertheless as the confession was retracted corroboration was necessary. According to the prosecution the confession was clearly corroborated by the fact that the appellant p