A confession is admissible in evidence if it is voluntary and corroborated by other evidence.

Judgment

S. K. DAS

( 1 ) J, : This is an appeal by special leave. The appellant is Ratan Gond, aged about 28 years. Tried on a charge under S. 302, Indian Penal Code, he was convicted and sentenced to death by the learned Additional Judicial Commissioner of Ranchi in the State of Bihar. The learned Additional Judicial Commissioner submitted the record to the High Court of Patna for confirmation of the sentence, as he was required to do under the provisions of S. 374 of the Code of Criminal Procedure. Ratan Gond also preferred an appeal to the High Court. The appeal and the reference under S. 374, Criminal Procedure Code, were heard together by a Division Bench of the said High Court and it accepted the reference and dismissed the appeal thereby confirming the sentence of death passed upon the appellant. On 19/05/1958, the appellant prayed for and obtained special leave and then filed the present appeal in pursuance of the leave granted to him.

( 2 ) THE facts lie within a narrow compass. The appellant was a resident of village Urte, Tola Banmunda, police station Kolebera in the district of Ranchi. One Mst. Jatri (Prosecution Witness 2), who was a widow, also lived in the same village and same Tola. She had two young daughters, one named Baisakhi, and the other named Aghani. Baisakhi was about nine years old and Aghani about five years old. The subject of the present appeal is the murder of the girl Baisakhi. On Tuesday, 7/05/1957, the two sisters, Baisakhi and Aghani had gone out to pluck wild berries in a hilly jungle situated at a short distance from their village, the distance being estimated variously by various witnesses from 300 yards to a little more than a mile. We may give here some idea of the location of the village and the hilly area near it. According to the evidence of Rup Ram (Prosecution Witness 1), uncle of the two girls. Tola Banmunda consists of about 40 houses. At a short distance to the north, there is a hilly tract known as Amtis Chua hill. Close to the hill, there are jungles on two sides and there is also a spring or well in between the two strips of jungles. On Tuesday, Mst. Jatri (P. W. 2) ha herself gone to pluck berries known as Keond berries at another place. When she left the house in the morning, her two daughters were in the house. Mst. Jatri came back at about noon and found Aghani alone in the house. She enquired-from Aghani about the elder sister Baisakhi and Aghani made certain statements to her mother as well as to other persons later that day and the next day. Aghani however, died within a few months of the occurrence, before her statements could be recorded in a judicial proceeding. The courts below have referred to, and the High Court has relied on, the statements of Aghani. One of the points urged on behalf of the appellant is that the statements of Aghani were not admissible in evidence either under S. 32 or S. 33 of the Evidence Act (1 of 1872 ). As we are of the view that this contention is correct, we are omitting all reference to the statements of Aghani in stating the facts of the case. When Baisakhi did not return to the house even in he evening Mst. Jatri were in the direction of Amtis Chua hill, but could not find Baisakhi. Next morning, information was sent to Rup Ram (Prosecution Witness 1) about the fact that Baisakhi was missing, Rup Ram having gone to village Targa for making tiles on the preceding Monday. Rup Ram came back to Banmunda on Wednesday, 8/05/1957. In the meantime certain other villagers including Dalpat Sai (Prosecution Witness 4), mukhia of the village, and Sohar (Prosecution Witness 5), chaukidar of the village, had been informed that Baisakhi was missing. Aghani took Rup Ram and these villagers to the foot of Amtis Chua hill and showed them the spring or well. This village party found the headless body of Baisakhi at a short distance from the aforesaid spring. The body was identified by Mst. Jatri and others as the dead body of Baisakhi by reason of the white