The prosecution must prove the case beyond a reasonable doubt, and the admissibility of confessional statements is subject to specific legal provisions.

JUDGMENT

S S Shinde, J. - This appeal is directed against the judgment and order dated 21st September 1998 thereby the accused/appellant herein has been convicted for the offence punishable under Section 302 of Indian Penal Code (for short ''IPC'').

2. The prosecution case in nutsehll is as under:-

One Vilas Vishnu Joshi (PW 1), then Sub Inspector of Police, attached to Malwani Sub-Police Station was on duty as a night station house duty officer on 31/5/1984 since 8 pm to 8 am., one night police inspector and one Relief Officer were also present at the police station. Vinayak Gholap (PW 6), the then Police Inspector of Administration was on duty on 31/05/1984 in Malvani Police Station as night Police Inspector On 31/05/1984, when at about 9.10 pm the accused Shashikant Bhandari came to the police station and narrated the incident to police officer Joshi, that he had killed his aunt namely Vatsala at Chikkuwadi with a sickle (aaut). After receipt of information Police officer Joshi (PW 2) lodged a complaint on behalf of the State. The said complaint is at Exhibit-5, which is signed by Police officer Joshi (PW 2) and P.I. Gholap (PW 6). After recording the FIR police officer Gholap registered the crime vide C.R. No. 94/84 for the offence punishable under Section 302 of IPC, against the accused. Thereafter, P.S.I. Joshi and P.I. Gholap investigated the matter. After registration of crime a station diary entry of the information given by the accused is made at Sr. No. 15. Thereafter, police officer Joshi (PW 1) had taken in-charge the blood stained sickle (aaut) Article-1, which was produced by the accused Shashikant under the seizure panchnama before two panchas and P.I. Gholap (PW 6). The seizure panchnama of sickle is at Exhibit-21. At the same time, the clothes from the person of accused such as Article 3 'collectively'' were also taken in-charge of by police officer Joshi in the presence of P.I. Gholap.

3. It is the case of the prosecution that, accused Shashikant made voluntary disclosure in the police station before two panchas that he would show the place where the dead body of his aunt Vatsalabai was lying. Accordingly, memorandum of accused Shashikant as regard to discovery of place was recorded in the police station in the presence of panchas and the same memorandum is at Exhibit-22. After recording memorandum the accused Shashikant led panchas and police party to the place where the dead body of deceased Vatsala was lying. The accused Shashikant pointed out the spot where the dead body of Vatsala (deceased) was lying after reaching to the spot of Chikkuwadi. Police Officer Joshi (PW 1) drew the panchnama of the place of offence in the presence of two panchas where the dead body was lying in the presence of P.I. Gholap (PW 6). The said panchnama of discovery of place of offence is at Exhibit-22-A. After the inquest panchnama of dead body of Vatsala (deceased) was drawn at that time certain articles were taken in-charge under the said inquest panchnama (Exhibit-28). Those articles were pair of Chappals of Lata (PW 3) Article-2 collectively., pair of chappals of Vatsala (deceased) Article-4 collectively. Thereafter police officer Joshi, police officer Gholap and accused Shashikant came to the police station by deputing a guard near the dead body of Vatsala (deceased).Thereafter, police officer Joshi (PW 1) sent the dead body of Vatsala (deceased) for post mortem and at that time he had told to the constable to take charge of the clothes of the deceased and accordingly the said constable took charge of the clothes of the Vatsala (deceased) and produced it before police officer Joshi. The clothes of Vatsala (deceased) are at Article-5 collectively. The ear rings and bangles belonging to Vatsala (deceased) are marked at Article 6 collectively. While drawing the inquest panchnama police officer had taken in-charge blood mixed earth and simple earth from the place of incident. Thereafter, during the course of investigation poli