Extrajudicial confessions must be voluntary and credible; reliance on circumstantial evidence requires a complete and conclusive chain excluding reasonable doubt for a conviction.

JUDGMENT :

By the Bench: This criminal appeal has been filed by four appellants, namely, Rupa Jerai, Bharat @ Krushna Jerai, Ghasiram Jerai and Jagamohan @ Taso Jerai challenging the judgment and order dated 21.06.2000 passed by the learned Additional Sessions Judge, Rairangpur in S.T. Case No.7/26 of 2000 in convicting them under sections 302/34 and 201/34 of the INDIAN PENAL CODE (hereinafter, 'I.P.C.') and sentencing each of them to undergo life imprisonment under section 302/34 of the I.P.C. and R.I. for three years under section 201/34 of the I.P.C. and further directing the sentences to run concurrently.

The appellants were charged under section 302/34 and section 201/34 on the accusation that in the night of 25^th September, 1999 at village Kathabharia under Badampahad police station in the district of Mayurbhanj, they committed murder of Raimati Jerai (hereinafter, 'the deceased') in furtherance of their common intention and knowing that the offence had been committed, they caused certain evidence connected with the said offence to disappear to screen themselves from legal punishment in furtherance of their common intention.

Prosecution Case

2. As per the first information report (Ext.1) lodged by P.W.1 Sasmita Jerai before the Officer in-charge of Badampahad police station on 26.09.1999, in short, is that, her father Gopinath Jerai died since five to six years prior to the lodging of the F.I.R. and the deceased was her mother and she along with her younger brother Rupendra Jerai and aunt Sita Jerai (P.W.7) were staying in joint mess along with the deceased mother. On 25.09.1999, the female child of appellant no.2 Bharat @ Krushna Jerai fell ill and died for which the appellants suspected that the deceased had practised witchcraft for which the daughter of appellant no.2 died. Accordingly, they challenged the deceased and quarrelled with her and also assaulted her by fist and slaps. The informant (P.W.1), her aunt (P.W.7) and the co-villager Jatia Jerai (P.W.11) subsided the dispute and thereafter, the deceased came back home and all of them took their dinner and went to sleep. The deceased slept in a separate room alone which was situated at a distance of 300 yards from the house where P.W.1 and P.W.7 were residing. In the early morning hours of 26.09.1999, when P.W.1 and P.W.7 came to the room where the deceased was sleeping, they found the deceased was not available there. Accordingly, they searched for the deceased at different places but could not locate her. They intimated about the missing of the deceased to P.W.5 Gopal Jerai, who happened to be the brother-in-law of P.W.1, so also to the Grama Rakhi (P.W.9) and co-villager Sudarsan Gagrai (P.W.6). All of them proceeded to the house of the Sarpanch (P.W.2) and disclosed before him about the missing of the deceased. Then, all of them came near the house of the appellants and P.W.2 asked the appellants about the deceased. The appellant no.1 Rupa Jerai confessed before them that on 25.09.1999 night, they killed the deceased by throttling and threw the dead body in the water of river Jalapai. On getting such information, the informant (P.W.1) and others searched in the river water Jalapai, but they could not trace out the dead body of the deceased. Then P.W.1 came along with others to the police station and reported the matter.

On the basis of the first information report lodged by P.W.1, Badampahad P.S. Case No.25 dated 26.09.1999 was registered under section 302/34 of the I.P.C. against all the appellants by P.W.15, the O