The accused cannot be convicted solely on the basis of his statements made under Section 313 Cr. P. C. if there is no other evidence to connect him with the crime.

AMARESHWAR SAHA, J.

( 1 ) THE instant appeal has been filed against the Judgment dated 21-4-1997 passed by 1st Additional sessions Judge, Gumla in Sessions Trial No. 9 of 1997 whereby, the sole appellant has been convicted for committing offence under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

( 2 ) THE prosecution case in short is that on 10-7-1996 at about 7:00 A. M. , the informant Somla Oraon (P. W.-1) came back his home after attending the call of nature. He saw that his wife Bandhwa Orain, (P. W.-10)was weeping in the room of his son. When he entered in the room, he saw the appellant coming out of the room and then he fled away without uttering a word. The informant found that his daughter-in-law Saro orain was lying dead. On enquiry, his wife (P. W.-10) told that the appellant had stabbed saro Orain to death. The informant, thereafter, called the villagers and told them about the occurrence. The further case of the prosecution is that on the previous night, all the family members of the informant were sleeping and the deceased was also sleeping with the appellant in her room and there was no dispute whatsoever in the family and they were leading happy married life. It was further alleged that the said occurrence took place in between 4:00 A. M. to 6:00 A. M. on 10-7-1996.

( 3 ) THE appellant pleaded not guilty and claimed to be tried.

( 4 ) IN order to establish the charge, altogether 10 (ten) witnesses were examined on behalf of the prosecution, out of them. P. W.-1 the informant Somla Oraon. P. W.-4 Ghamru Oraon and P. W.-10 Bandhwa orain were declared hostile witnesses. P. W-2 Julfan Ansari, P. W.-3 Mahabir sahu, P. W.-5 Binod Oraon and P. W.-6 pohanu Oraon are the formal witnesses and p. W.-7 Mangeshwar Oraon and P. W.-8 mali Oraon are the hearsay witnesses who only stated that they came to know about the death of the deceased from the villagers and they could not say as to who killed her. P. W.-9 Bartu Oraon was tendered.

( 5 ) IT appears that after the evidence of the prosecution was closed and when the statements of the accused was being recorded under section 313 Cr. P. C. , he admitted in his examination under Section 313 cr. P. C. that he had killed his wife since she was having illicit connection with another boy.

( 6 ) THOUGH there was no other legal evidence at all on the record against the appellant to establish the charge but, the learned trial Court convicted and sentenced the appellant for committing offence of murder of his wife, solely relying on the so-called confessional statements of the appellant made at the stage of recording of his statements under Section 313 Cr. P. C. ( 7 ) THE question to be decided in the present appeal is as to whether in absence of any other evidence on record for his conviction, can a person be convicted for an offence only on the basis of his admission of commission of offence made under Section 313 Cr. P. C. ?

( 8 ) MR. A. K. Kashyap, learned counsel appearing for the appellant submitted that save and except the confessional statements of the appellant recorded under Section 313 cr. P. C. , there is absolutely nothing on the record against the appellant to prove his guilt and therefore, the conviction and sentence passed against the appellant by the trial Court solely on the basis of the statements recorded under Section 313 Cr. P. C. wherein the appellant admitted his guilt, is illegal and as such, the same is liable to be set aside.

( 9 ) IN the present case, it further appears that neither the Investigating Officer nor the doctor who held the Post-mortem of the dead body of the deceased, has been examined on behalf of the prosecution.

( 10 ) FROM the record, it appears that the material witnesses i. e. the informant (P. W.-1) and his wife (P. W.-10), the alleged eye witness have been declared hostile and the statements of the other remaining witnesses of the prosecution are of no value since they a