Judgment

JUDGMENT :- Heard learned counsel.

2. This is yet another case where the conviction of the sole appellant is based on the retracted extra judicial confession said to have been made by the appellant to PWs 7 and 11, nearly 20 days after the occurrence. The deceased was an old woman aged about 70 years at the time of the occurrence. On 11-4-75, she was alleged to have gone to a neighbouring village and since then she was missing. Her nephew lodged a report on 24-4-75 that she was missing. The SHO Chandmal got some information that the deceased had been murdered and a case was registered u/S. 302, IPC. The accused is alleged to have confessed before PWs 7 and 11 - a day prior to the registration of the case. The body was recovered after digging the earth. The post-mortem was conducted nearly 20 days after the occurrence. The doctor who conducted the post-mortem found that the dead body was in a highly decomposed state and he could notice only a fracture of the third Cervical Vertibra of the spine. He, however, found that the skull was intact. The doctor also opined that if anybody falls into Nallah from a 6 ft. - 7 ft., such a fracture could be possible, especially in the case