A retracted confession is admissible in evidence if it is self-inculpatory and substantially implicates the maker himself, and if it is corroborated by other evidence.

DAS, J.

( 1 ) THESE four appellants have been convicted under Section 302/34, I. P. C. , and sentenced to R. I. for life. They have further been convicted under Section 201, I. P. C. , but no separate sentence has been awarded for the same.

( 2 ) A boy named Teka died on 21-1-63. The four appellants along with some others including the deceased Dirima went to the cremation ground for burning the dead body of Teka. After cremating the dead body, according to some custom the accused persons took some Salap liquor at a short distance from the burning pyre. In course of drinking, appellant Rema blamed the deceased Dirima for his having killed the boy Teka by application of witch-craft, but the latter denied to have done so. Then accused Rema caught hold of the neck of Dirima and pushed him down and assaulted him with a stone on his head and chest. The other three appellants also joined him in assaulting the deceased with stones as a result of which Dirima died on the spot. Thereafter the appellants burnt the dead body of Dirima also. P. W. 4 the sister of the deceased who had been to the cremation ground, witnessed the occurrence and when she raised a protest, she was assaulted by Rema as a result of which she sustained some small injuries. P. W. 4 then lodged the F. I. R. (Ext. 3), and after investigation the accused persons were chargesheeted and committed to the Court of Sessions, where they were convicted and sentenced as above.

( 3 ) THIRTEEN other accused persons were also placed under trial along with the present appellants, but the learned Sessions Judge acquitted them for want of sufficient evidence. Accused Rema Naik was further charged under Section 323, I. P. C. , for having caused hurt to P. W. 4, Sambari Saurani, but was acquitted of that charge.

( 4 ) THE four appellants made confession (Ext. 2 series) before a Magistrate, P. W. 2. Later on however, they resiled from the said confession and denied their guilt though they admitted to have gone to the cremation ground on the date of occurrence Rema however admitted to have assaulted Dirima with stones as the latter threatened to assault him by a Kati held by him, and as a result of the assault Dirima died.

( 5 ) IN support of its case, the prosecution has relied upon the evidence of the two eye-witnesses. P. Ws. 4 and 5. P. W. 4 is the sister of the deceased and P. W. 5 is the brother of appellant Lau Saura. The prosecution also relied upon the retracted confessions of accused persons. There is BO medical evidence as the dead body was burnt, and was not available for post-mortem examination. Some half-burnt pieces of bones were however seized by the police from the place of burning and sent for medical examination, but the doctor P. W. 9 was unable to give any opinion on the same. It is significant that two pieces of stones were seized from the spot and sent to the Chemical examiner and human blood was detected on both. (After considering the evidence of eye-witness (P. W. 4), the judgment proceeded :)

( 6 ) MRS. Patnaik, learned Counsel for the appellants, contended that this witness should not be relied upon inasmuch as she also made certain allegations against the accused Rema Naik for having assaulted her by means of a stone which was found to be untrue on medical examination as the doctor opined that the injury on p. W. 4 could not be caused by a stone as was alleged by her and the learned trial court acquitted accused Rema Naik of the charge under Section 323 I. P. C. , as the offence against him could not be made out. But the mere fact that accused rema was acquitted for want of proof of the allegation of assault made by this witness is not enough to throw out her evidence in its entirety.

( 7 ) IT was next contended that she being a witness who was declared hostile, her evidence should be rejected as a whole as the prosecution which called in the witness discredited her version. But it is well-settled by the authorities that the evidence of a hostile wit