The main legal point established in the judgment is the need for corroboration of an extra judicial confession and the importance of circumstantial evidence in establishing guilt beyond reasonable doubt.

Nandita Dubey, J.

The appellant was convicted by the trial Court under Section 302 of the I.P.C. for having committed the murder of Jamnabai and sentenced to undergo life imprisonment for the offence under Section 302 of the I.P.C. with fine of Rs.1,000/- and a further three months rigorous imprisonment in default of the same in S.T. No. 38/2004, by Additional Sessions Judge, Burhanpur, which judgment is under challenge in this appeal.

2. On 04.10.2003, at about 3.15 P.M., a report (Ex. P-6) was lodged by Village Patel Raghuveer Prasad (P.W.-4) to the effect that about 8 O'clock in the morning, he was informed by Parwatibai (P.W.-1) that Jamnabai, wife of Laxman Gond has died. On receiving this information, he alongwith Nor Singh @ Nar Singh (P.W.-5), Gokhariya and Kuwar Singh (P.W.-6) went to the house of Laxman Gond, where the dead body of Jamnabai was lying. Laxman, when asked about the same had disclosed in presence of above mentioned persons, that in the previous night at their field around 9 O'clock, his wife Jamnabai was fighting with him, so he hit her with wooden stick, thereafter he brought Jamnabai to the house in bullock cart and went off to sleep. In the morning, he found that Jamnabai had died.

2.1 Pursuant to the report, crime was registered and investigation was undertaken. Inquest report (Ex. P-5) was prepared and the dead body of Jamnabai was sent for autopsy. Site plan (Ex.P-12) was also prepared. Accused Laxman was arrested from his house and on his memorandum, a 4 ft. long stick was recovered vide seizure memo (Ex.P-9). The post mortem on the body was conducted by Dr. Gopal Pande, who found as many as 25 simple injuries on the body of the deceased. In the post mortem report (Ex.P-17), the doctor has opined that the death had occurred 32-26 hours prior to the post mortem. The injuries on the body were ante mortem in nature. The death was caused as a result of rupture of blood vessels underneath the bruises. According to the doctor, all the injuries were caused by hard and blunt object.

3. The prosecution has examined 11 witnesses. P.W.-1 Parwatibai, P.W.-2 Gangabai, P.W.-3 Jagdish and P.W.-7 Sakharam did not support the case of prosecution and were declared hostile.

4. After considering the material available on record, including the medical evidence, the trial Court found that Jamnabai died due to haemorrhage caused on account of the several injuries received by her and that the case was of culpable homicide. The trial Court relying on the extra judicial confession made by accused Laxman to P.W.-4 Raghuveer Prasad and on the basis of last seen evidence, convicted the appellant under Section 302 of the I.P.C. and sentenced him as aforementioned.

5. Relying on the decision of State of Rajasthan Vs. Chhotelal and others, (2011) 14 SCC 306, Shri S.A. Khan, learned counsel appearing for the appellant has contended that there was no occasion or attending circumstances for the appellant to make extra judicial confession incriminating himself. It is submitted by the learned counsel that the incident took place in the field at night, there were no eye witnesses. The family members of the accused have not supported the case of prosecution and under the circumstances, the appellant be acquitted of the charge.

6. Smt. Nirmala Nayak, learned Govt. Advocate appearing for the State, on the other hand has supported the judgment passed by the trial Court.

7. We have heard the learned counsel for the parties at length and perused the record.

8. From a perusal of the record, it is observed that the entire case of the prosecution is based on circumstantial evidence and the extra judicial confession made by the accused before P.W.-4 Raghuveer Prasad, P.W.-5 Nor Singh @ Nar Singh and P.W.-6 Kuwar Singh.

9. Raghuveer Prasad (P.W.-4), who had lodged the report (Ex.P-6) in his statement on oath had declared that in the presence of Parwati (P.W.-1), Nor Singh @ Nar Singh(P.W.-5) and others, Laxman, on being enquired, had confessed