Appellate Courts must exercise caution in overturning acquittals, particularly where extra-judicial confessions lack corroboration and do not inspire confidence.

JUDGMENT :

K. Surender, J.

1. State is questioning the acquittal of the respondent/accused for the offence under Section 302 of INDIAN PENAL CODE .

2. The case of the prosecution is that on 28.11.2010, at around 06:00 A.M., the respondent/accused has committed the murder of his wife namely Smt. Jangam Manemma with an axe by injuring on the neck, suspecting that she was having illicit affair with someone.

3. According to the prosecution, after committing the murder of his wife early in the morning with an axe, he has locked the house from outside and went to his mother in Jangedu Village and narrated the incident to her. Thereafter, he came out of the house of his mother and while PW5 was going on a scooter, the accused asked him to give a lift till Bhupalpally village. He was carrying an axe in his hand which was blood stained and his clothes were also blood stained. When PW5 questioned about the axe and the blood stained clothes, accused confessed that he had murdered his wife and then PW5 dropped the accused at Ambedkar Statue, Bhupalpally and went away. Then the accused went to PW4, who was running a Xerox Shop in Bhupalpally and informed him that he had killed his wife with an axe and requested to write a report accordingly. PW4 scribed Ex.P2/complaint, which was given to police.

4. In the said complaint addressed to Sub-Inspector of Police, Bhupalpally, it is stated that the accused married the deceased, 20 years prior to the date of incident and they were having two children. Suspecting that his wife was having illicit affair with another person and not taking care of him, in the morning, he had hacked the deceased, as such, she died. It is further mentioned that if the Police follows him, he will show the dead body. The Police, on the basis of said complaint, proceeded to the house of the accused and found the dead body of the deceased. Police conducted scene of offence panchanama and thereafter, inquest proceedings were also conducted. After the inquest proceedings, post-mortem examination was done by PW7/Doctor. According to PW7, the death was on account of “hemorrhage and shock, due to cut injury of carotid artery”.

5. Having concluded investigation, the Police filed charge sheet against the accused for the offence under Section 302 of IPC. The learned Magistrate committed the case to the Sessions Judge.

6. After framing of charges, during the course of trial, the learned Sessions Judge has examined the witnesses i.e., PWs.1 to 10 and also marked Exs.P1 to P10 on behalf of the prosecution. MO.1/axe with which the alleged attack had taken place and MOs.2 to 7/the clothes of accused and deceased and Shabad stone piece were also brought on record.

7. The learned Sessions Judge, having considered the evidence placed on record by the prosecution found that the prosecution failed to make out the case against the accused. The following reasons were given by the learned Sessions Judge:

a. The motive, according to the prosecution was that the deceased was having illicit relation with someone else, however, no such evidence is produced.

b. PW5’s evidence is that he has given lift to the accused when the accused was holding blood stained axe and blood stained clothes, which is highly doubtful and he was only set up by the prosecution.

c. The alleged confession made to PWs.4 and 5 is doubtful, since both PWs.4 and 5 are strangers.

d. There is no reason why the accused has approached strangers, even prior to going to the Police Station. Accused could have gone directly to the Police Station, if at all he intended to surrender and confess his guilt.

e. The dead body was not discovered for the first time at the instance of accused. By the time, the Police went to the ho