SINDHU BHAKTA Vs. STATE

JUDGEMENT

(1.) THE Appellant Section 302, Indian Penal Code and for life.

(2.) THE deceased was the wife of the accused. On 4 -5 -1966 p.w. 1, the brother of the accused went out for work during noon. By then be found that the accused and the deceased were in this house. The mother (p.w. 2) of the accused used to reside with the accused. She had gone out for work. When she came back in the evening, she found the house of the accused locked. She accordingly went to the house of her eldest son (p.w. 1) to take her meals. By then p.w. 1 and his wife had finished this meals and no food was available for p.w. 2. So both p.ws. 1 and 2 went to the house of the accused. P.w. 1 broke the look and opened the door. P.ws. 1 and 2 found the dead body of the deceased lying inside. P.w. 1 reported the matter to p.w. 4, the Chairman of the Panchayat Samiti. They convened a panchayati next morning. The accused who was sleeping in a Choupadi, was sent for. He confessed his guilt before p.ws. 1, 3 and 4. The defence is one of denial. The accused also resorts to plea of insanity. The learned Session Judge held that the death was homicidal and that the accused killed the deceased. The plea of insanity was rejected.

(3.) THE next question for consideration is whether the accused killed the deceased. There are no eye witnesses. The conviction is based on the judicial confession (Ext. 12) made by the accused before the magistrate (p.w. 8) and also on the extra -judicial confession made before the mother (p.w. 2) during the night as also separately made before p.ws. 1, 3 and 4 next has been convicted under sentenced to imprisonment morning. The Appellant has retracted the confessions inasmuch as he takes the plea that he does not know anything. In view of the retraction it is necessary to examine whether the confessions are voluntary and true.