The court emphasized that extra-judicial confessions require corroboration and cannot solely establish guilt without supporting evidence.

JUDGMENT :

ANANDA SEN, J.

1. These two appeals have been preferred by the appellants Bipin Mirdha @ Kundan Kumar Yadav and Niranjan Kumar Yadav, respectively, challenging the judgment of conviction dated 27th January, 2011 and order of sentence dated 29th January, 2011 passed by the Sessions Judge, Godda in Sessions Trial No. 179 of 2010, whereby and where under both the appellants have been held guilty and convicted for offences under Sections 302/34 of the Indian Penal Code and Sections 201/34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/- for the offence punishable under Sections 302/34 of the Indian Penal Code and in default of payment of fine to undergo simple imprisonment for three months; and they have also been sentenced to undergo rigorous imprisonment for three years and fine of Rs.5,000/- for the offence under Section 201/34 of the Indian Penal Code and in default of payment of fine to undergo simple imprisonment for two months.

2. Learned counsel appearing for the appellant Bipin Mirdha @ Kundan Kumar Yadav in Cr. Appeal (DB) No.131 of 2011, submits that so 1 far as this appellant is concerned, there are no materials to connect him with this incident. He submitted that whatever little material is available, the same is against the appellant Niranjan Kumar Yadav [Cr. Appeal (DB) No.272 of 2011]. The material against the said Niranjan Kumar Yadav is his confessional statement, though it cannot be termed to be as such, but so far as the appellant Bipin Mirdha @ Kundan Kumar Yadav is concerned, there is not even any statement. He submitted that name of appellant Bipin Mirdha@ Kundan Kumar Yadav transpired from the statement of appellant Niranjan Kumar Yadav, who allegedly confessed his guilt and on that basis the appellant Bipin Mirdha has been convicted.

3. So far as appellant Niranjan Kumar Yadav is concerned, learned counsel appearing for him submitted that his statement is hit by Section 25 of the Evidence Act. She submitted that the prosecution has tried to project that this appellant Niranjan Kumar Yadav has made an extra judicial confession before P.W.1, but there is no corroborative statement to that effect. P.W.1 is one of the agnates of Niranjan Kumar Yadav and he has vested interest to implicate the appellant Niranjan Kumar Yadav, as if Niranjan Kumar Yadav is convicted, entire property of his father (the deceased) will be enjoyed by them. She further submitted that it has come in evidence that the house, which was constructed by grandfather of P.W.1 and this appellant Niranjan Kumar Yadav, was allotted in the share of the deceased father of this appellant and that is the reason, P.W.1 grabbing the opportunity has falsely implicated this appellant in this case.

The prosecution has provided two reasons for commission of murder, but none of them are believable. It is unbelievable that the wife of Niranjan Yadav was having illicit relationship with Bipin Mirdha, that is the reason Niranjan had committed murder of his own father, on the ground that he had seen them in a compromising position.

The extra judicial confession also does not inspire confidence. It is submitted that the First Information Report was lodged after recovery of the body, but the written report did not whisper about involvement of this appellant, which falsifies the entire story of extra judicial confession, based on which allegedly the dead body was recovered.

On these grounds, appellants pray for acquittal after setting aside the judgment of conviction.

4. Learned counsel appearing on behalf of the State submitted that the appellant Bipin Mirdha was having some relationship with the wife of the appellant-Niranjan Yadav and the deceased had seen them in a compromising condition, thus, Bipin Mirdha with the help of the appellant Niranjan Yadav had committed murder of the deceased.

He also submitted that the appellant Niranjan Yadav, who is the son of the deceased, was pressing h