The main legal point established in the judgment is the importance of following the correct procedural steps in evaluating evidence and reaching a decision, particularly in relation to S.232 and 233 of the Code.

Thomas, J.

Three masked burglars sneaked into a dwelling house at midnight, e; mini lied burglary and killed the housewife, stabbed her daughter-in-law and ran away with the booty. Police charge-sheeted three persons for the above, though only two of them could be nabbed since the third one who disappeared from the locality is still absconding. After trial, Sessions Judge convicted those two persons of burglary (S.457 I.P.G.) and robbery (S.394 I.P.C.) but acquitted them of murder. While awarding sentence the Sessions judge did not take into account the limitation provided in S.397of the Penal Code regarding the minimum term and hence each of them was sentenced to undergo rigorous imprisonment for three years and five years respectively on the two counts.

2. State of Kerala has filed one of the appeals challenging the order of acquittal of the offence of murder. The convicted persons filed the other appeal challenging the conviction and sentence. They will be referred to as the appellants in this judgment.

3. Girija (PW-l) is the daughter-in-law of the deceased Sarojiniamma. Girija and her husband (PW-2) as well as Sarojiniamma were residing in the same house. On the night of 25-10-1986 since Girija's husband was on night shift in the company (Alagappa Textiles) where he was working, both Sarojiniamma and her daughter-in-law Girija were sleeping in the same room. By about midnight three persons covering their faces with cotton masks (beneath their nose) stealthily entered into the said room after breaking the wooden bars of the window. According to the prosecution case, the burglars first tried to grap the ornaments of the old lady, but since she woke up the appellants caught hold of her by both hands and closed her mouth, while the absconding accused (Anto) inflicted a large number of stab injuries on her with a knife. When Girija woke up and made a hue and cry, Anto turned against her and- inflicted a stab injury on her and snatched her gold chain. Before the neighbours could rush in the burglars escaped from the scene with the booty.

4. Sarojiniamma, who sustained a large number of injuries including deep penetrating incised injuries, died before she could be removed to a hospital. P.W.I gave first information statement on-the same night at the Medical College Hospital, Trichur. Appellants were arrested on 28-10-1986. On the strength of the statements elicited from first appellant two knives were recovered from a well and a gold pendent was recovered from his house.

5. We have absolutely no doubt that burglary and murder were committed in the house of the deceased on the tragic night. The evidence against the appellants consists mainly of the testimony of Girija and two judicial confessions recorded by the Judicial Magistrate of Second Class, Trichur. Learned Sessions Judge relied on Girija's testimony and also the judicial confessions (Exts.P16 and P17).

6. Learned counsel for the appellants contended that the two confessions v ere recorded in gross violation of law and without complying with the safeguards provided under the Rules embodied in Chapter X of the Criminal Rules of Practice. He further contended that the testimony of P.W.I, with out corroboration, is insufficient to maintain conviction.

7. On the other hand, learned Public Prosecutor contended that the evidence of P.W.1 alone is sufficient to establish that the two appellants have committed not only robbery, but murder and hence they are liable to be convicted under S.302 read with S.34 of the Penal Code. According to him, the confessions recorded by the Magistrate are, despite some technical imperfection, quite voluntary and hence they can be acted on. It was pointed out that recovery of gold ornaments is sufficient to corroborate P.W.1's testimony, even if it needs any such corroboration. Learned Public Prosecutor contended that he testimony of P.W.1 is so clear that stab injuries were inflicted by Anto (the absconding accused) while the appellants were