The admissibility and reliability of evidence, especially in cases based on circumstantial evidence, are crucial in proving a case beyond reasonable doubt.

D. M. PATNAIK, J.

( 1 ) THIS appeal from the jail is by the convict, sentenced to imprisonment for life by the learned Sessions Judge, Sundargarh, for murder of his wife Raimati.

( 2 ) PROSECUTION case is, on 30-11-1985 during evening hours, the appellant killed his wife Raimati with a sickle by cutting her throat. After this fact was made known to P. W. 1 who was relaxing in his house with others, by P. W. 4 all of them went to the house of the appellant and found Raimati lying dead inside the room with a cut injury on the neck with profuse bleeding. They went to the Sarpanch of the village. Since darkness had already set in, they could not report the matter at the police station which is far off the village. On the following day on 1-12-1985 they reported the matter at 8. 30 a. m. at Dhuruadihi Police Out-Post. The A. S. I. of the Out-Post entered the report in the station diary register which was subsequently registered at the Bhasma Police Station. After completion of the investigation, the appellant was charge-sheeted for the offence under Section 302, I. P. C. and thus stood his trial.

( 3 ) THE plea of the defence as is evident from the 313 statement is a total denial of the occurrence.

( 4 ) MR. M. Manuwar, the learned counsel appearing for the appellant assailed the findings of the learned Sessions Judge with regard to the material aspects of the case such as leading to discovery and extra-judicial confession. Mr. P. K. Mohanty, the learned Additional Government Advocate, on the other hand, while supporting the findings of the learned Sessions Judge submitted that the prosecution having been able to bring home the charge beyond reasonable doubt, the conviction should not be interfered with. The rival contentions of the learned counsel on both sides need careful examination.

( 5 ) THE finding of the learned Sessions Judge that the death of Raimati was homicidal is not challenged before this Court. All the same it would be proper to find out whether the finding is correct. P. W. 6 is the Doctor who conducted the autopsy. On external examination of the dead body, he found one incised wound of the size of 3" x 1/2" on the front side of the neck which had cut the muscles and vessels including the jugular veins and thyroid artery etc. The other two injuries, though incised, were found to be on the right hand fingers and were simple in nature. This external injury, according to the Doctor, had cut the trachea and blood clots were found in the larynx and trachea. The sterno mostoid muscles were found to have been cut. He was of opinion that the injury was ante mortem in nature and could be caused by a sharp cutting weapon like the sickle (M. O. IV ). The cause of death was on account of haemorrhage and shock due to the injury on the neck and which was sufficient in the ordinary course of nature to cause death. Thus the nature of the injury shows that it could not have been either accidental or suicidal. Hence, Raimati died of homicidal death.

( 6 ) THE conviction has been based on the circumstantial evidence on record. The circumstances which impelled the learned Sessions Judge to arrive at a conclusion about the commission of the offence by the appellant are (i) leading to discovery of weapon and (ii) extra-judicial confession by the appellant.

( 7 ) WE would like to take up first the finding of the learned Sessions Judge with regard to leading to the discovery of the, sickle (M. O. IV) under Section 27 of the Evidence Act. The reason given by the trial Court for believing the recovery of the weapon at the instance of the appellant is that the evidence of the investigating officer (P. W. 10) was found to be consistent with the 'recital' in the seizure list (Ext. 1) with regard to the circumstances of seizure of the court (sic) has relied on the evidence of the investigating officer and the witness to the recovery (P. W. 3) along with the memo of seizure (Ext. 1 ). For the purpose of appreciating as to the correctness