The admissibility and reliability of evidence, including confessional statements, are crucial in determining the guilt of the accused.

This reference under Regulation 30(1) of the Assam Frontier (Administration of Justice) Regulations, 1945, has arisen out of the judgment and order, dated 16.5.2001, passed by the learned Deputy Commissioner, West Siang District, Along, in Sessions Case No. GR. 214/90, which arose out of Mechukha Police Station Case No. 18/90, convicting the accused, Tayor Jempen, under Section 304 (Part 1) and Section 436 of the IPC and sentencing him to undergo rigorous imprisonment for 10 years and also to pay fine of Rs. 5,000/- and in default, to suffer rigorous imprisonment for a further period of one year.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated as" follows :-

On 12.09.90, accused Tayor Jampen was staying at the house of his father-in-law, viz., deceased Tanya Kochung of Village Yorko, under Mechukha Police Station, West Siang district. Besides accused Tayor Jampen and the deceased, Smt. Yanne Jempen, wife of accused Tayor Jampen and their child were present, on 12.09.90, at the said house, At night, when Smt. Yanne Jampen woke up, she found about half of their house ablaze with fire and her father jumping out of the window. Smt. Yanne Jampen along with here child also jumped out of the window and saw accused (Tayor Jampen) shooting her father with a gun. After shooting the deceased accused Tayor Jampen chased his wife aiming to shoot her too, but she ran away to the jungle with their child and the accused fled away from the scene of crime. On the following day, i.e. on 13.09.90, Lingdung Kochung, son of the said deceased, on coming to know about the said occurrences, at Mechukha Hospital, where Longdung's son stood admitted for treatment, lodged, on 13.9.90 itself, a written Ejahar (Exh. 1) with Extra Assistant Commissioner, West Siang district, Mechukha. Based on this Ejahar and treating the same as First Information Report, Mechukha P.S. Case No. 18/90 under Sections 302/436/34 IPC was registered. During the course of investigation, police held inquest over the said deadbody and also got autopsy performed on the same. Accused Tayor Jampen was also apprehended and on being produced before Judicial Magistrate, he made a judicial confession and the same was recorded under Section 164 Cr.P.C. On completion of investigation, police laid charge sheet against accused Tayor Jampen under Sections 302/436/34 IPC.

3. During trial, when charges framed under Sections 302 and 436 read with Section 34 IPC were explained to the two accused aforementioned, both of them pleaded not guilty thereto.

4. In all, prosecution examined six witnesses including the Investigating Officer. The accused were, then, examined under Section 313 Cr.P.C. In his examination aforementioned, accused Tayor Jampen denied that he had committed the offences alleged to have been committed by him, the case of the defence being that of total denial. No evidence was, however, adduced by the defence.

5. At the conclusion of the trial, learned trial Court held accused Taling Jampen not guilty of the charges framed against him and accordingly acquitted him (Taling), but on finding accused Tayor Jampen guilty of the charges framed Under Sections 320 (Part 1) and 436 IPC, learned trial Court convicted accused Tayor Jampen accordingly and passed sentence against him as hereinabove mentioned.

6. The moot point, which fails for determination in this appeal, is this : whether the findings of guilt arrived at by the learned trial Court are justified on the basis of the evidence on record and law relevant thereto?

7.1 have carefully perused the relevant records including the impugned judgment and order. I have heard Mr. N. Grayu, learned Amicus Curiae, and also Mr. N. Lownag, learned Public Prosecutor, Arunachal Pradesh.

8. It may be noted, at the very out set, that out of the six witnesses examined by the prosecution, PW 1 (Shri Lingdung Kochung) is a reported witness and informant of this case, PW 2 (Smt. Yanne Jempen) has been examined a