(1) RELYING solely upon the alleged confessional statement of the appellant, the trial court convicted her for committing the murder of her brother-in-law and the High Court affirmed the conviction. In her statement she stated that when her brother-in-law tried to rape her and, for that purpose dragged her to the cot by putting cloth in her mouth, she gave two blows upon him with a katari as a result of which he fell down. She gave him another blow and then went out of the room and disclosed the entire incident to her relations. The statement so made by her cannot be said to be a confessional one as the circumstances in which she claimed to have caused the death of her brother-in-law would clearly exculpate her in view of Section 100 IPC. In other words the above statement of the appellant could not be entertained in evidence, much less pressed into service to make it the basis of conviction.

(2) WE, therefore, allow this appeal and acquit the appellant. The appellant, who is on bail, shall stand discharged from her bail bond.