The evidentiary value of confessions and the requirement for proof beyond all reasonable doubt.

JUDGMENT :

A.S. Naidu, J. - The judgment dated 23.2.1998 passed by learned Addl.District and Sessions Judge, Rayagada acquitting the accused persons of the charges under Sections 302/201/34 of I.P.C. in S.C. No. 4 of 1997 is assailed by the State in this appeal.

2. The Respondents faced trial for alleged commission of offences under Sections 302/201/506 read with 34 I.P.C. However, during trial the charges were altered to Section 302/201/34 I.P.C.

3. The prosecution case was set to motion on the basis of an F.I.R. lodged by Jagabandhu Saraka alleging that his brother Biswambar Saraka had informed him on 21.9.1995 at about 7.00 P.M. that on the said date at about 1.00 P.M. he heard certain unaccustomed sound from the house. Oncoming out he saw accused Madan Bidika standing in front of the house of his father. Madan warned Biswambar not to come near them. Thereafter P.W.3 heard certain groaning sound of his father and also sound of assault from inside the house. He left the place and went to sleep. On the next day morning he found drops of blood inside the room and his father was absent. His cousin brother Arjuna-P.W.4 advised him to wash away the blood stains to avoid foul smell. Accordingly he washed the house. It was further averred in the F.I.R. that on 23.9.1995 a meeting was convened in the village and in that meeting Kabiraj Behera, Adinarayan Senapati and Bhima Rao Bidika were present. The accused persons like Madan and Hari however did not attend the meeting. Accused Suba Rao appeared and disclosed that he along with Madan and Hari killed Karsana, the father of the informant and threw away the dead body. The further stated that as Karshan was practicing witchcraft and sorcery, they killed him.

4. On receipt of the F.I.R. lodged, the local police commenced investigation, arrested accused Suba Rao and Madan, brought them to the village in police custody and in consonance with their disclosure police searched the bushes, shrubs, traced out the trunk, the severed head of the deceased Karshan, the weapon of offence (axe) was also recovered from a tree, inquest was conducted over the dead body and the same was sent for postmortem examination. The weapon of Crime and other materials were seized so also blood stained soil. After completing the investigation charge sheet was submitted in the Court of learned S.D.J.M., Rayagada in G.R. Case No. 333 of 1995. On perusal of the police records and on being satisfied that a prima facie case was made out learned S.D.J.M. took cognizance of the offences and committed the case to the Court of Sessions for trial.

The plea of the defence was of complete denial.

5. In order to establish its case the prosecution got ten witnesses examined. Out of them P.W.1 was a villager of deceased Karshana. He was neither an occurrence witness nor he had seen the dead body. P.W.2 was Anr. villager who did not support the prosecution case and turned hostile. P.W.3 was the son of the deceased and did not support the prosecution case. P.W.4 was the cousin brother of the informant-P.W.3. He had also not supported the prosecution case. P.W.6 was the seizure witness but then in Court he stated that he had signed on a piece of a paper on being requested by the police. P.Ws.1 to 5 were cross-examined by the prosecution on being declared hostile. Their evidence is of no help to the prosecution. Similarly P.Ws.6 and 7 also did not support the prosecution case. P.W.8 was the doctor who conducted the postmortem.

6. Learned Addl.Sessions Judge after vivid discussion of the evidence arrived at a conclusion that the prosecution had totally failed to establish the guilty of the accused persons and acquitted them of all the charges u/s 235 of Code of Criminal Procedure

7. Learned Addl.Government Advocate assails the judgment and order of acquittal mainly on the ground that learned Addl. Sessions Judge has not properly appreciated the evidence and the conclusions arrived at suffers from non-consideration of vital facts. According