The judgment emphasizes the need for corroboration of an extra-judicial confession and clarifies the requirements for admissibility of statements leading to discovery of evidence under section 27 of the Evidence Act.

This is an appeal filed by the State under the provisions of section 378 of the Code of Criminal Procedure and is directed against the judgment and order dated 30.8.1994 passed by the learned Additional Sessions Judge, Sonitpur at Tezpur in Sessions Case No.36 (S) of 1990 acquitting the accused-respondents from the charge under section 302/34 of the Indian Penal Code.

2. On 25.7.85 at about 5 AM, PW 13 Sri DD Bhakta, a practising Advocate of Tezpur town lodged a verbal information at the Tezpur Police Station to the effect that one Abdul Wahed, another practising Advocate of Tezpur was murdered in his residence of ex-Police Line, Tezpur by some miscreants. On the basis of the said information, General Diary Entry No.816 dated 25.7.85 of Tezpur Police Station was recorded and police started investigation. At the place of occurrence, the accused No.3 Meherun Nigar Begum, wife of the deceased Abdul Wahed, lodged the written ejahar (Ext 7). It is the further case of the prosecution that at the time of occurrence, the deceased Abdul Wahed was sleeping in his room. The window to the room of the deceased's wife was used as entry point to the house and that the accused Sahabuddin had illicit relationship with the wife of the deceased. The accused Kuddus Ali is the younger brother of the accused Sahabuddin. On the very day of occurrence, one handmade pistol and blood stained clothes were seized from the place of occurrence and on the same day, some documents and other articles were seized from the house of the accused Sahabuddin. It is the further case of the prosecution that as a consequence of the information received from the accused, 12 Nos. of love letters written by Mehenm Nigar Begum to the accused Sahabuddin; blood stained clothes worn by accused Sahabuddin and Kuddus and one dagger were recovered by the Investigating Officer. The police held inquest of the dead body and sent the same for post-mortem examination. The love letters written by the accused No. 1 to Meherun Nigar Begum; the blood stained clothes and the dagger were sent for examination by expert. On completion of investigation, police submitted charge sheet against the two accused Sahabuddin and Kuddus Ali under section 302 of the Indian Penal Code read with section 27 of the Arms Act. It is the further case of the prosecution that at the stage of committal proceeding, the 3rd accused Meherun Nigar Begum was arrayed as an accused in the case under the provisions of section 319 of the Code of Criminal Procedure, 1973.

3. In the Court of Sessions, charge under section 302 read with section 34 of the Indian Penal Code was framed against the all three accused-respondents. The prosecution examined as many as 16 (sixteen) witnesses and exhibited a large number of documents and the allegedly incriminating materials recovered consequent to the information furnished by the accused. The accused persons were examined under section 313 of the Code of Criminal Procedure. The defence case is one of total denial. At the conclusion of the trial, the learned Sessions Judge by the impugned judgment and order dated 30.8.94 was pleased to acquit all the accused persons of the charge brought against them. Aggrieved, the State has come in appeal before us.

4. Before we proceed to examine the legality and correctness of the impugned judgment and order dated 30.8.94 passed by the learned trial Court, it may be appropriate to consider the contours of the power of this Court in an appeal presented under the provisions of section 378 (I) of the Code of Criminal Procedure, 1973. The question regarding the scope and ambit of the said power is no longer res integra, the position having been settled by a catena of decisions of the Apex Court holding that the power of the High Court in an appeal against an order of acquittal is as wide as the power available in an appeal against an order of conviction. The power of the High Court extends to examination and scrutiny of the entire evi