The main legal point established is the admissibility and reliability of extra-judicial confession, plea of guilt, and circumstantial evidence in establishing guilt.

Mongia, C. J. :- The appellant Shri Purna Bahadur Bhujel was tried under Section 302, I.P.C. for allegedly committing murder by causing the death of one Kuchi Subba on 27-1-1995 by hitting him on his head by an axe. After trial he was convicted under S. 302, I. P. C. and sentenced to undergo imprisonment for life by the judgment of the trial Court dated 27-9-1996. This appeal was filed through Jail and Shri R. Goswami, Advocate was appointed as Amicus Curiae. Even during the trial, the accused was provided legal aid by appointing an advocate at the expense of the State Government to defend him.

2. In this case there is no eye-witness. The conviction has been based on the following circumstances : (1) Extra judicial confession made by the accused of having committed the offence before PW 3 (Shri Naresh Kumar Bhojel), PW 4 (Shri Dilip Bhojel) and PW 5 (Shri Tali Lalin). (2) When the charge was framed against the accused under S. 302, I. P. C. and read over and explained to the accused, he pleaded guilty to the charge. However, despite the plea of guilt, the trial Court in its discretion put the accused to trial under S. 229, Cr. P. C. and (3) The admission of the guilt by the accused while making statement under S. 313, Cr. P. C.

3. The prosecution story, in brief, is that on 28-1-1995 a written complaint was received by Itanaga Police from Shri Tali Lalin (PW 5) to the effect that on 27-1-95 in the early morning he had engaged two labourers, namely, Purna Bahadur Bhujel (the accused) and Kuchi Subba (the deceased) for collection of fire wood from the jungle towards zoo side. On 28-1-95 at about 6 p.m. some labourers, namely, Shri Dilip Bhujel and Shri Naresh Bhujel came to his house at Ganga Basti along with the accused Purna Bahadur Bhujel and reported that on 27-1-95 Kucha Subba was murdered by the accused Purna Bahadur Bhujel with an axe while collecting fire-wood. Itanagar Police registered a case under S. 302, I.P.C.

4. Before coming to the deposition of the witnesses, it may be observed here that on 28-8-95, the following charge was framed against the accused which was read over and explained to him :-

'I, Amit Yadav, Sessions Judge, District Papum Pare, Itanagar, Arunachal Pradesh hereby charge you Purna Bahadur Bhujel as follows :-

That you, on or about the 27th day of January, 1995 morning hrs committed murder by causing the death of Kuchi Subba, by hitting on his head by an axe and thereby committed an offence punishable under S.302 of the Indian Penal Code and within the cognizance of this Court and I hereby direct that you be tried by the said Court on the said charge.

Dated this 28th day of August, 1995."

The accused-appellant pleaded guilty and the learned trial Court recorded as under:-

'Accused has accepted charges and pleaded guilty but trial will be held."

5. In all prosecution examined 7 witnesses. P.W. 1 Shri Gobin Biswakarma only states that the accused as well as the deceased were engaged by Shri Tali Lalin as labourers for collecting wood and both of them, the accused and the deceased, went to the jungle to collect wood. Since they did not return, in the evening they went to look for them but could not find them and again in the next morning he along with 3 other persons, went again in search of the two persons and found the dead body of the deceased but could not find Purna Bahadur Bhujel, the accused. They came back to call people from the house of Bhujel and others to collect the dead body of Kuchi Subba.

6. P.W. 2 Shri Phahidhar Bhujel is also a labourer and he states that he along with others went to find out the accused and the deceased from the jungle. His deposition is in the same line as the deposition of P.W. 1.

7. P.W. 3 is Shri Naresh Kumar Bhujel. He deposes that on 28-1-1995 he saw the dead body of Kuchi Subba lying in the jungle, which was around 3 to 4 KMs inside the jungle from the zoo. The body was found with head injury. There was an axe lying near the body. This was around 5 a.m. Around