Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Circumstantial evidence---Prosecution case as mentioned in the FIR was that unknown persons murdered the brother of the complainant by firing at him---Admittedly, no motive was alleged in the FIR nor any person was charged for the offence---Record showed that occurrence had taken place at a time not known and report was lodged by the complainant, when dead body of the deceased was found on 3.2.2014 at 19.30 hours---Complainant, thereafter recorded supplementary statement, wherein, he charged the accused-appellant---Accused after his arrest recorded confessional statement, wherein he had given effective role of firing to the co-accused-appellant---Co-accused-appellant was implicated in the case on the confessional statement of the accused---Complainant deposed in his examination in chief that accused party had conveyed to him that they had committed the offence---Record transpired that accused was arrested on 18.2.2014 and his confessional statement was recorded on 21.2.2014, after the delay of three days---Said delay had not been explained, which made the confessional statement involuntary and unsafe to be made basis for conviction---Judicial Magistrate, who recorded the confessional statement of the accused stated in his cross-examination that five to ten minutes were given to the accused for thinking over his confessional statement---Judicial Magistrate was supposed to have given at least 30 minutes to accused for thinking over his confessional statement---Such short time rendered the confessional statement not voluntary---Record showed that story of confession was against human conduct, unbelievable and seemed to be a cock and bull story---Circumstances established that occurrence was unwitnessed, accused was not charged in FIR, no motive was available, confession of accused was neither inculpatory nor believable or corroborated by ocular or circumstantial evidence, thus accused was acquitted by setting aside conviction and sentence recorded by the Trial Court. (b) Criminal Procedure Code (V of 1898)--- ----S. 164--- Confession--- Delay in recording confessional…

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