The court established that an extra judicial confession, while weak, can support a conviction if corroborated by other evidence, but unsoundness of mind under Section 84 can lead to acquittal.

JUDGMENT :

(M. W. CHANDWANI, J.)

1. Heard.

2. The appeal is directed against the judgment of conviction dated 26.04.2018 passed in Sessions Trial No.53 of 2015 by the Ad hoc Additional Sessions Judge, Khamgaon, District Buldana, thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced him to suffer rigorous imprisonment for life with a direction to pay fine of Rs.2,000/-.

3. The appellant was convicted for the offence punishable under Section 302 of the IPC on the allegation that he committed the murder of his wife - Sadikabi and son – Mudassir at his residential house. The prosecution case is that informant PW-3 – Naseebabi Jaribkha lodged a report with Tamgaon Police Station alleging therein that, on the intervening night of 23.10.2014, the appellant assaulted his wife and son by means of axe, wherein they died on the spot. The police prepared spot panchanama after seizing a blood stained axe having 26.5 inch. wooden handle, a pillow, a quilt, plastic palam, green coloured night pant, blood stained soil and soil sample etc. from the spot. The post-mortem was conducted on the dead bodies of Sadikabi and Mudassir. On 23.10.2014 at about 14:30 hours, the accused came to be arrested. After completion of investigation, charge-sheet came to be filed. The accused was put on trial and at the conclusion of trial, the Trial Court recorded the findings of conviction and sentenced the appellant for the aforesaid crime.

4. Having heard the learned counsel for the appellant as well as learned Additional Public Prosecutor for respondent/State, we have gone through the record and judgment of the Trial Court.

5. The Trial Court in its judgment convicted the accused relying on extra judicial confession made by the appellant to PW-6 Ravindra Chintaman Wankhade - Police Patil, PW-11 Tourabi Sk. Bismillah - real sister of the appellant and other circumstances appearing on record.

6. At the outset, it is necessary to mention here that there is no direct eye witness to the alleged incident. The prosecution solely relied on circumstantial evidence. It is well to remember that in cases where the evidence is of circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn in the first instance should be fully established and all the facts so established should be consistent only with the hypothesis of the guilt of accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such that they exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so complete that it does not leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused. A reference can be made to the case of Hanumant vs. State of Madhya Pradesh, AIR 1952 SC 343.

7. The prosecution relied on the version of PW-6 Ravindra Chintaman Wankhade, who was working as Police Patil. According to his version, on 23.10.2014 at about 07:30 a.m., when he was returning from his field on his motorcycle, the appellant stopped his motorcycle and asked him to come his house where he confessed that he committed the murder of his wife Sadikabi and son Mudassir and made a request to inform the police. The dead bodies of the appellant’s wife and son were lying on the ground in a pool of blood. PW-11, Tourabi Sk. Bismillah, who is the real sister of the appellant, has also testified that on the day of Diwali i.e. on 23.10.2014, the appellant had been to her house and informed her that he killed his wife and son. Therefore, she went to his house, where she saw the dead bodies of the appellant’s wife and son.

8. No doubt, extra judicial confession is a weak piece of evidence and the Court must ensure that the same inspires confidence and is corroborated by other prosecution evidence. It is also to be