A confession is admissible in evidence if it is voluntary and true, and it can be corroborated by other evidence.

1. - This appeal by convicted accused-appellants Hari Shanker and Bakshuram is directed against the judgment dated January 17, 1975 of learned Sessions Judge, Bhilwara, whereby he convicted both the accused and sentenced them as under:-

The substantive sentences of imprisonment awarded to the accused-appellants were ordered to run concurrently. Both the accused appellants were acquitted of the offence under Section 458, IPC.

2. The facts giving rise to this appeal are that the accused appellants were in dire necessity of an amount of Rs. 500/-, which they wanted to pay to Shri Bhagwati Lal Jatti, who agreed to teach them the secret of "Tantrick" in consideration of the amount of Rs. 500/. Both the accused decided to obtain this amount from Daulat Ram Mahajan (since deceased). On the fateful day i.e., on December 31, 1973, both the accused went to the shop of Dault Ram (since deceased). Accused Bakshu Ram closed, with his hands; the mouth of Daulat Ram and the other accused appellant Hari Shanker inflicted sword blows on the body of Daulat Ram. Thereafter they removed the cash and ornaments from the shop and took their heels.

3. At the time when Daulat Ram was being murdered by the accused appellants, PW 1 Panna Lal and Shobha Lal Mahajan in the company of other 7-8- persons were warming themselves with fire, lit at a little distance from the scene of the occurrence. Just after the occurrence, Chand Mai, brother of the deceased, happened to come to the shop and, seeing his brother dead, cried in agony, which attracted the villagers on the scene. All of them found Daulat Ram lying dead with multiple injuries on his person. PW 13 Shri Surendra Kumar, SHO, happened to be in the village in connection with a meeting addressed by Shri Chandan Mal Baid, the sitting Minister, to secure votes for the Congress party Surendra Kumar SHO reached the shop. He drew up memo Ex. P/26 at 11.45 p.m. and sent the same to the Police Station, Badnore, for registration of the case. Chand Mal, brother of the deceased, submitted a list of the ornaments, alleged to have been taken away by the accused in the course of the same occurrence. The autopsy on the dead body of Daulat Ram was performed by Dr. Shyam Swaroop. The postmortem report is Ex. P/7. Both the accused were arrested on January 13, 1974 vide arrest memo Ex. P/I 2 and Ex. P/13. At the time of the arrest of accused Hari Shanker, some injuries were noticed on his person and as such he was got clinically examined by the Doctor. His injury report is Ex. P/25. In the course of investigation accused Hari Shanker expressed his desire to point out the articles removed by him from the shop of the deceased. That information was reduced into writing and the same marked Ex. P/28. In consequence of the information given by the accused, the articles, belonging to the deceased and wrapped up in a `Pachhewara,' were recovered after removal of the stack of fodder under which they had been concealed. The recovery memo is Ex. P/2. The `Panchhewara' in which they had been wrapped, was found stained with blood and the same was sealed separately from other articles. On January 15. 1974, accused Hari Shanker wanted to show the place where he had washed his hands after the commission of the crime. The information was reduced into writing and the same has been marked Ex. P. 30. In consequence of the above information the blood stained earth was recovered : vide seizure memo Ex. P. 4. Accused Bakshu