The main legal point established in the judgment is the caution required in accepting retracted extra judicial confessions as the sole basis for conviction, emphasizing the need for corroboration and positive proof beyond reasonable doubt.

1. Appellant Joseph alias Baby has been convicted by the Additional Sessions Judge of Ernakulam for the murder of one Thankappan on the night of 16 21965 and he has been sentenced to suffer rigorous imprisonment for life. pw. 10 is the mother of the accused and pw. 11 is his sister. They were all living together in Moonnumakkal house. Accused is a mazdoor who goes about for work in various places and used to be away from the house. Deceased, Thankappan is said to have been visiting the house and was on intimate terms both with the mother and the daughter. In regard to this there was a scandal in the village.

2. On the evening of that day accused and deceased had gone to the toddy shop and consumed toddy. pw. 8 is the salesman of the shop. After having their drinks they purchased beedies from the shop of pw. 12 and left the place. On the way they were seen by pw.1 who was going to purchase beedies. Before reaching the accused's house, one has to pass by the lane in front of the houses of pw. 3, a cousin of the deceased and of pw. 4. pw. 7 a daughter of pw. 3 was then in the house of pw. 4. Seeing his relations, deceased Thankappan stopped and had a brief talk with them. The accused proceeded ahead and the case of the prosecution is that when the deceased had finished his talk and was proceeding along the deep lane on reaching the entrance to the accused's compound the accused dropped down some stones M.0s.1 to 3 series on the head and body of the deceased and thereby caused his death. After this, the accused is stated to have gone along the lane passing by the side of the houses of pws. 3 and 4. pws. 3, 4 and 7 heard the sound of the falling stones. Their children had gone for fishing and thinking that something might have happened to them pw. 3 went to see wha it was about. On the way seeing the accused she questioned him what the sound was and he said that there was nothing, and passed along. pw. 3 went to the neighbouring canal and while coming back with the children when she reached the house of pw. 4 she heard the accused telling pw. 4 that she need not go to the place whence the noise came and that even if a noose were to fall round his neck, others could live in peace. Saying this the accused left the place. pw. 3 then took a lamp and went to the lane and found Thankappan lying dead. She returned home crying.

By that time pw.1 was coming back from the shop after purchasing beedies and he met the accused in the lane. The accused then told him that he had finished Thankappan. pw.1 called him to his house, but the accused said he would go there later. The accused then went to the shop of pw. 9 and told pw. 6, who was there that he had killed Thankappan. pw. 9 heard this confession, made by the accused. On the way home from the shop pw.1 met pw. 3 who was crying that the accused had killed Thankappan. By the time pw.1 reached his house, accused also reached there and he told pw. 5 who was in the house that he had finished Thankappan though he was not sure whether he was dead or alive. pws.1 and 5 went to the place and saw Thankappan lying dead. Leaving the accused in charge of pw. 5, pw.1 went to the Thodupuzha police station and laid the complaint. pw. 18 the Sub-Inspector recorded his statement Ex. P1 and registered a case. The same night he proceeded to the scene and under his orders pw. 14 the head constable arrested the accused from the house of pw.1. On getting information pw.19, the Circle Inspector came and took over investigation. He held the inquest and took into custody the seven stones M. Os.1 to 3 series. After the inquest pw.15 the medical officer of the Government Hospital at Thodupuzha conducted the autopsy. After completing the investigation the accused was charge sheeted for the offence of murder. Death due to the multiple injuries sustained by the deceased is well proved and is in fact not disputed. The plea of the accused is one of complete denial. According to him all these witnesses have been