Judgment

ORDER :- This Special Leave Petition by the first accused in Session Case No. 134 of 1980 before the Sessions Judge, Sholapur whose conviction by the Sessions Judge under section 302 has been confirmed by the High Court, has to be dismissed as it rests entirely on appreciation of evidence. While dismissing the Special Leave Petition we are however, constrained to make a few remarks about some of the observations of the High Court. In paragraph 18 of the judgment of the High Court it has been said "the case of the prosecution stands on the pedestal of a tripod having the eye witness account of Shrimant and Nirmala as one leg the discovery of axes, spear and a pair of trousers as the second leg and the animosity generated by high-handed behaviour of Malkari regarding diversion of rain water as the third leg. The confession made by accused No. 1 Nageshi which was subsequently retracted forms the additional fourth leg of the tripod but it is well settled that the confessional statement can never be an evidence upon which to found a conviction. It can at best furnish an additional re-enforcement when the other evidence is clinching enough to pronounce a verdict of guilt. The con