Evidentiary value of confessional statement.

PADMANABHAN, J.: Appellants are accused 1 to 3 in Sessions Case No.32 of 1983 on the file of the Sessions Judge, Palghat. They were convicted for an offence punishable under section 302 read with section 34 of the Indian Penal Code and sentenced to imprisonment for life.

2. The prosecution case may be summarised thus: Accused 1 and 3 are the sons and 2nd accused is their aged mother. 1st accused married deceased Pankajam about 7 years prior to the incident which took place on 3.10.1982. Two children were born out of the wed-lock. The last child was born 15 days before the incident and it died shortly after birth. Pankajam was the daughter of P.W.7, a retired Sub Inspector of Police in Tamil Nadu. He is non other than the brother of the 2nd accused. At the time of marriage he gave twenty sovereigns of gold ornaments to Pankajam. Out of this he got back 15 sovereigns subsequently. Since P.W.7 did not return the ornaments the accused persuaded the deceased in vain to get them back. It was the helplessness or rather indifference of the deceased in getting back the ornaments that motivated accused to murder her.

3. In furtherance of their common intention, the mother and her two sons, decided to kill her. On the evening of 3.10.1982 she was given Oleander seeds with some edibles in the form of sweet cake. Since the desired result could not be achieved they gave her some sleeping pills in coffee. Thereafter a poisonous leaf called ‘oduku’ was pasted and given to her mixed with water as if it is some medicine. This action was also not successful in bringing about the desired result. Therefore by about 1.30 in the night, inside a room in the residential house, the first accused made a noose at the end of a rope, put it on her neck and hanged her in the rafter with the help of accused 2 and 3 who lifted her body. The second accused as also alleged to have flashed a torch while helping the third accused to push the body up. Pankajam died as a result of “asphyxia due to strangulation”.

4. The defence version is that consequent on her failure to get back the ornaments from her father there was quarrel in the house and due to frustration, she attempted to commit suicide at first by consuming poisons and thereafter hanging herself by a rope in the rafter. It is the further defence version that these acts were done by the deceased without being known to anybody else and the other inmates came to know of it only the next morning. Accused 1 and 3 say that they were not in the house itself. The defence has also alleged that over and above the frustration on account of the above mentioned quarrel there was another reason also. The deceased was having illicit intimacy with P.W.1 who is a close neighbour. This became known to everybody in the locality. The lose of reputation on account of this scandal is said to be an additional reason which prompted the deceased in committing suicide.

5. Whether it is a case of homicide as alleged by the prosecution or a case of suicide as contended by the defence, it is not disputed that Pankajam died as a result of hanging on the night of 3.10.1982. Antopsy was conducted by one Kuttappan and Ext.P-7 is the postmortem certificate. After obtaining the report of chemical examination he has also issued Ext.P-8 certificate mentioning the cause of death. Dr. Kuttappan was not available for examination since he is abroad. Exts.P-7 and P-8 were therefore proved through a colleague examined as P.W.11. In Ext.P-7 Dr. Kuttappan reserved his opinion as to the cause of death pending report of chemical examination. The result of chemical examination of the viscera contends was that it contained nitracepam in the stomach, uterus, liver, spleen and kidneys. P.W.11 said that nitracepam is the chemical name of nitravet tablets which is a tranguiliser and sedative. Ext.P-7 shows that ligature mark found on the neck of the dead body was transverse at the lower part of the front of neck on both sides. P.W.11 said that in cases