A retracted confession can form the basis of a conviction if it was voluntarily made and is true and if it is corroborated by independent evidence.

1. Roshan Lal, Hari Nand and Yasin, residents of Misarwala Tehsil Paonta, district Sirmur, were committed, to the Court of Sessions Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division in connection with the murder of Sant Ram, Forest Guard, who was in-charge Majra, forest beat, Tehsil Paonta. The learned Sessions Judge convicted and sentenced Roshan Lal. under Sections 302 and 201 I.P.C., but acquitted Hari Nand and Yasin. Roshan Lal has filed Criminal Appeal No. 12/63 against his conviction and sentence. The Union of India has filed Criminal No, 24/63 against the acquittal of Hari Nand and Yasin. This judgement will dispose of both the appeals.

2. The prosecution case against Roshan Lal., Hari Nand and Yasin. accused, was as follows : The relations, between Sant Ram and the villagers, including the residents of Misarwala village, had become strained as Sant Ram used to maintain a strict watch over the forest, in the discharge of his official duties and did not permit the villagers to cut and steal wood from the forest.

3. Roshan Lal accused, who had worked, for sometime, as a domestic servant with Hari Nand accused, and had then left his service, was called by the latter and was persuaded, on promise of paying the arrears of his salary to assist him (Hari Nand) in stealing wood from the forest. Roshan Lal and Hari Nand had stolen a log of sal wood from the forest, near about the month of March 1962. Sant Ram had seized that log from the possession of Hari Nand. This had embittered Hari Nand. Determined to avenge himself, Hari Nand had hatched a conspiracy with Roshan- Lal and Yasin to murder Sant Ram. The plan was that Sant Ram should be decoyed to Kuiwala forest, on the pretext of apprehending an offender, stealing wood and should be done to death there. It was agreed that Yasin should go to the forest and cut wood and that Roshan Lal and Hari Nand should decoy Sant Ram to the forest. In pursuance of the conspiracy, Sant Ram was on the 11th March, 1962 at about 4 or 5 P.M., decoyed to Kuiwala forest by Roshan Lal. Yasin was cutting wood there. Sant Ram had snatched the Kulhari from Yasin. But Yasin had taken, back the Kulhari and had also snatched the safajang which Sant Ram was carrying. Yasin had hinted to Roshan Lal that he should strike Sant Ram. Roshan Lal had, accordingly, struck a blow at the neck of Sant Ram, with a darat, which had been supplied to him by Hari Nand, while he was leaving for the forest. Yasin had also given blows at the head and face of Sant Ram with the safajang. Sant Ram had died at the spot. Many articles, such as wrist-watch, belt, purse containing money, were removed by Roshan Lal and Yasin from the dead body. They had returned to their village in the night. Roshan Lal had met Mohammad Ishaq, who was a tutor in Misarwala mosque. In reply to the enquiry as to wherefrom he was coming at that time of the night, Roshan Lal had informed Mohammad Ishaq that he and Yasin had murdered Sant Ram. On the morning of the 12th March, Roshan Lal and Yasin had, again, gone to Kuiwala forest. They had buried the dead-body of Sant Ram in a pit in the khala. The belt, cap and other articles, removed from the dead-body were concealed in a nearby place. The Forest Guards hammer and the safajang, which were being carried by Sant Ram, were also hidden in the forest. After collecting faggots of wood, Roshan Lal and Yasin, had come back to their village. On their way back, they had met Mohammad Ishaq, who was cutting grass in his land. On Mohammad Ishaqs felling them that, on the previous night, Roshan Lal had informed him that he and Yasin had done to death Sant Ram. Roshan Lal and Yasin had fallen on his feet and had said :- "Ham se bahut zulm ho gaya hai. Dar asal apko malum hai kih Sant Ram guard ne ghas pati ke liye sare goan ko tang kar rakha tha, is waja se hamne usko mar dala."

4. Roshan Lal and Yasin had left the village Misarwala a after the incident Roshan Lal had wandered from one place to an