An extra-judicial confession alone, in the absence of any corroborating evidence, cannot lead to an order of conviction.

Biswanath Somadder, J.

This appeal arises out of a judgment and order of conviction and sentence dated 21st June, 2001, passed by the learned Additional Sessions Judge, 10th Court, Alipore, South 24-Parganas, in sessions trial, being S.T. No. 3 (6) 2000, under sections 326/307 of the Indian Penal Code, arising out of Joynagar P.S. Case No. 123 dated 23.10.1996, under sections 326/307, whereby and whereupon the appellant, Swapan kumar Naskar @ Swapan Naskar (for short, hereinafter referred to as the appellant), was convicted under section 307 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.1000/- (rupees one thousand), in default to suffer rigorous imprisonment for two months.

2. At the outset, it is made clear that when the appeal was taken up for final hearing the appellant had already served his term in jail and had been released.

3. The facts of the instant case, in brief, are as follows: –

On 22nd October, 1996, on the day of Bijoya Dashami, the appellant offered sweets to his neighbors namely, Pritimay Mondal, Nirmal Mondal, Sudhir Sardar and Gopal Sardar. After eating such sweets they fell ill and were taken to a local doctor named, Bhabendra Nath Mistry, who being incapable to treat them referred them to Padyerhut Hospital. From Padyerhut Hospital they were taken to Medical College and Hospital at Kolkata where they were admitted and were given a stomach wash. They were kept in hospital for four to five days. During this period, a petition of complaint was made by them which was registered as Joynagar P.S. Case No.123 dated 23rd October, 1996 under sections 326/307 of the Indian Penal Code and a case was started against the appellant. Along with the petition of complaint they also filed three reports of the Medical College and Hospital and one confessional statement made by the appellant. The appellant was handed over to the police at the police station simultaneously the complaint was lodged. Some names of witnesses were also in the petition of complaint. In the police station the appellant had confessed that he had offered sweets mixed with mercury to all four of the complainants. A formal F.I.R. was drawn up and a sub-inspector of police was entrusted with the investigation of the case and upon completion of investigation he submitted charge-sheet against the appellant under sections 326/307 of the Indian Penal Code. Upon taking cognizance, the case record was committed to the Court of Sessions and thereafter upon cognizance of the commitment, the case record was transferred to the 10th Court of the Additional Sessions Judge at Alipore, South 24-Parganas (for short, hereinafter referred to as the learned trial Court) for disposal. The charges under sections 326/307 of the Indian Penal Code were accordingly framed, read over and explained to the appellant to which he pleaded not guilty and claimed to be tried. The trial thereafter commenced. The appellant took up a plea of innocence. The point for consideration before the learned trial Court was whether the prosecution was able to bring home the charges against the appellant beyond reasonable doubt. During the course of trial to substantiate the charges the prosecution examined as many as fifteen witnesses (Prosecution Witnesses/P.W.s).

4. P.W.1 (defacto complainant namely, Sudhangsu Sekhar Gayen), P.W.2 (Priya Ranjan Mondal) and P.W.3 (Pritish Mondal) are those witnesses whose names transpired as witnesses in the petition of complaint. P.W.11 was Dr. Bhabendra Nath Mistry to whom all the four victims (P.W.4 to P.W.7) were first produced for treatment. P.W.8 (Dr. Sourindra Mohan Dev) was the relevant doctor, who was attached to Padyerhut P.H.C. at the relevant point of time. According to his evidence, no such record was available in the hospital showing any treatment on 22.10.1996. P.W.9 (Dr. Gour Das Mondal), posted at the Padyerhut P.H.C. at the time of trial, deposed that there was no record i