CHAKATI KISTAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal by A-1 and A-2 against their convictions under sections 302 r/w 34,379 and 201 of the Indian Penal Cede and sentences to suffer impri- sonment for life, for two years and for two yeats. respectively.

(2.) On a report, Ex. P-1 da,ted 21-10-1986, given , by P W 1 to the police stating that one Mulki Pochawa (hereinafter referred to as 'the deceased'), was, missing since four months and that the accused-appellants had made an extra - judicial confession before P.Ws. 2, 6 and 7 that they killed her burried the dead-body and took away two gold gundulu (M Os. 1 and 2) the police registered the crime exhumed the dead- body from Ankulapeta Cheruvu and could only take out bones and hairs from the depth of water along with two plastic Daada Kadiyalu four red bangles and broken green colour bangles (M Os 3 to 5) During the, course of investigation, it is in evidence MO 1 gold gundu was recovered from PW 9 at the instance of A-1 while MO 2 gold gundu was recovered from PW 13 at the instance of A-2. Basing on the extra-judicial confession and the recovery of MOs 1 and 2 the learned Sessions Judge convicted and sentenced the accused-appellants as stated supra.

(3.) It is to be noticed that Courts, have held repeatedly that extra-judicial, confession is a very weak portion of the evidence and unless it is corroborated by material particulars the same cannot be acted upon. In this case there, is absolutely no evidence to corroborate the alleged confession and the accused had resiled from the same during the course of trial. Apart from this there is no evidence to prove that the bones and hair, recovered from the Cheruvu are of the, deceased and deceased alone, The plastic Danda Kadiyalu are of such a nature that in these days women-folk of that class normally wear the same, In so far as M Os 1 and.2 are concerned there is absolutely no evidence to identify the same as having been, belonging to the deceased. In these circumstances it is not safe to base the conviction of the appellants on the alleged extra judicial confession and the recovery of M Os. 1 and 2. The convictions and sentences are accordingly set aside and the accused are acquitted of the offences charged with and convicted of by allowing the appeal. The accused- appellants shall be set at liberty forth with, if not required in any other cause.