ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the order of the Division Bench of the Andhra Pradesh High court directing acquittal of the respondent who faced trial for alleged commission of murder of his wife and minor son in the intervening night of 14/15. 11. 1996.

( 2 ) LEARNED Sessions Judge, Nizamabad, had found him guilty of the offence punishable under section 302 of the Indian Penal Code, 1860 (in short IPC) and sentenced him to undergo imprisonment for life.

( 3 ) THE whole prosecution case rested on the alleged extra judicial confession purported to have been made by the accused before the village Administrative Officer (PW. 1) around 8. 00 a. m. The First Information Report was given to the police at 11. 30 a. m. on 15. 11. 1996. It was indicated in the FIR that the accused had made a confession before Village administrative Officer to have killed the wife and son because of the quarrel over family affairs.

( 4 ) THE trial Court found the evidence of PW. 1 so far as alleged extra judicial confession is concerned to be reliable and directed the conviction. In appeal, the primary stand taken by the accused respondent was that the evidence of PW. 1 is not believa