Extrajudicial confessions made under threat and coercion are not admissible in evidence against the accused.

N.P.SINGH, J.

1. The appellant Surendra Mabto along with three others accused were tried on the charge, u/S. 302/34 and S. 201 of the Indian Penal Code for committing the murder of his wife. The trial court acquitted the other accused but convicted the appellant u/ S. 302/201 of the Indian Penal Code and sentenced him to undergo R.I. for life u/S. 302 and R.I. for seven years u/S. 201 of the IPC. The sentenced have been, however, ordered to run concurrently.

2. Briefly, stated the prosecution case is that on 23-1-1986 Bhola Mahto, P.W. 7 submitted a written report before the Officer-in-charge Hatnaut P. S. stating therein that his daughter Shyama Devi was married with the appellant about five years ago and her second marriage was performed a year back. After the second marriage his daughter Shyama Devi complained him that the appellant had threatened to kill her and marry another girl if Radio and Wrist Watch and other articles were not given to his in-laws. Some how, he fulfilled the demand of Radio and a Wrist Watch. Thereafter, they made demand of a Fan but he could not fulfill this demand of her in-laws.

3. On 16-1-1986 the appellant came to his house and enquired whether Shyama had come there. He told that his wife Shyama was missing from the house since last 15 days. He stayed there in the night and went away in the morning. On 18-1-1986 his Samdhi Ragho Mahto, father of the appellant came to his house and enquired whether appellant had come there. He become suspicious and apprehensive of some untoward incident with his daughter. He insisted Ragho Mahto in his house and pressed him to disclose the truth whereupon Ragho Mahto disclosed that his daughter had been killed and her dead body had been buried under a Kothi in the southern room of his house.

4. On the basis of the written report, police registered a case and took up investigation. On 23-1-1986 P.W.4 Vijay Kumar Yadav, Investigating Officer, visited the house of the appellant and recovered the dead body from the southern room which was buried under a Kothi. After the investigation and charge sheet, cognizance of the offence was taken and the case was committed to the Court of Session for trial of the accused persons.

5. The accused pleaded not guilty to the charges and claimed to be tried. The defence was that they were innocent and had committed no offence. Their further defence was that the deceased had committed suicide.

6. The prosecution examined in all 10 P.Ws. in support of the case, out of whom P.W. 1 Ram Prakash Singh and P.W. 2 Indradeo Prasad, have turned hostile and not supported the prosecution case. P. W. 3 Lakhan Prasad Singh has not supported the prosecution case and his evidence is no help to the prosecution case. P.W. 4 Vijay Kumar Yadav is Investigating Officer of this case. P.W. 5 Yogendra and P.W. 6 Raghubansh Mahto are the brothers of the informant. P.W. 7 Bhola Mahto is informant himself. P.W. 8 Bal Birendra is nephew of the informant. P.W. 9 Yasumati has been tendered. P. W. 1 0 Ashok Kumar is a formal witness. He has proved post mortem examination report (Ext. 6).

7. There is no direct or circumstantial evidence to prove the complicity of the appellant in the commission of alleged offence save and except that the extra-judicial confession of Ragho Mahto, father of the appellant leading to the recovery of the dead body of the deceased.

8. The only point for consideration in this appeal is whether the appellant could be convicted on the extra-judicial confession of his father Ragho Mahto.

9. Before discussing the admissibility of extra-judicial confession of Ragho Mahto inevidence against the appellant, it would be relevant to discuss the evidence of the material P.Ws. examined by the prosecution in this case. P.W. 7 Bhola Mahto, father of the deceased and informant of this case deposed that on 16-1-1986 the appellant, his son-in- law came to his house and enquired from him and his family members whether his wife Shyama had come ther