ORDER

K. Ramaswamy, J - Heard the counsel on both sides. The entire prosecution case rests on circumstantial evidence. According to the prosecution, the appellant was acquainted with deceased Smt Shanti Devi. On the intervening night of May 1/2, 1986, the appellant had gone to the hut of the deceased when she was alone and murdered for gain.

2. The circumstances to connect the appellant with the crime are that (1) PW 18, a hotel clerk, had seen the appellant at mid-night on May 1, f986 in the neighbourhood of the scene of offence; (2) injury on the finger of the appellant; (3) extrajudicial confession said to have been made to PW 13 on May2, 1986; and (4) statement made under S. 27 of the Evidence Act (Ext. P-8) leading to recovery of gold ornaments of the deceased from the shop of the father of the appellant spoken to by PW 22, the mediator.

3. We have carefully seen the evidence of PW 13 to whom the appellant is alleged to have made extra-judicial confession. He admitted that the appellant had for the first time taken him in a scooter. He did not know the names of the father and the relation of the appellant and had gone with the appellant to the Tankbund, where the appel