Extra judicial confessions can be a basis for conviction if corroborated by sufficient evidence. In sudden quarrel cases, conviction can be modified from murder to a lesser charge under Section 304 Part-II.

JUDGMENT :

Ananda Sen, J.

We have heard the learned counsel appearing for the appellant and the learned counsel for the State at length.

2. This Criminal Appeal arises out of the judgment of conviction dated 13.05.2016 and order of sentence dated 18.05.2016 passed in Sessions Trial Case No. 296 of 2015 whereby and whereunder learned District and Additional Session Judge, Ghatsila convicted the appellant under Sections 302 and 201 of the INDIAN PENAL CODE and sentenced him to undergo RI for life with a fine of Rs. 10,000/- under Sections 302 of the INDIAN PENAL CODE and RI for five years with a fine of Rs. 10,000/- under Section 201 of the INDIAN PENAL CODE .

3. The learned counsel for the appellant submits that the evidence adduced by the prosecution has not properly been considered. The evidence clearly suggests that the appellant is innocent. There is no material to convict this appellant and in absence of any of the eye-witness, the prosecution failed to implicate the appellant. He further states that solely on the basis of an extra judicial confessional statement of this appellant, he has been convicted, which is bad.

4. The learned counsel for the State submits that though there is no eye-witness but the appellant himself made an extra judicial confession before PW1 and PW11. The said confessional statement is an extra judicial confessional but based on the said confession, murder weapon was also recovered. On this ground the appeal is liable to be dismissed. The statement is credible and is not under threat or coercion.

5. The F.I.R in this case is at the instance of PW11 who stated that his nephew (this appellant) with his wife everyday used to go to the jungle to cut wood and on the next day the appellant used to go to the market to sale the same. They used to earn livelihood by selling the firewood. On 17.05.2015 at about 3:00- 4:00 PM in the evening this appellant had left for the forest to cut wood. At about 7:00 PM this appellant returned and told him that in the forest while cutting wood due to some family issues fight broke out and in the rage of sudden anger, he assaulted his wife with the wood chopper (sharp cutting weapon to cut small wood) on the neck, thus she died. He further confessed that leaving the dead body he returned. The others were informed and this appellant was kept in their custody. Thus the FIR was registered.

6. The police after recording confession of the appellant registered Dumaria PS Case No. 06 of 2015 under section 302 of the INDIAN PENAL CODE against the appellant.

7. After investigation, the Investigating Officer submitted chargesheet against the appellant for the offence punishable under Sections 302 and 201 of the Indian Penal and the appellant was put on trial.

8. On the basis of chargesheet and materials available on record cognizance was taken and case was committed to Court of Session where charges were framed and trial proceeded.

9. To prove the prosecution case, altogether 11 witnesses were examined by the prosecution, who are :-

10. Some documents were exhibited which are :