Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Appreciation of evidence-Prosecution proving deceased having been murdered in appellant's house but appellant giving no explanation of his whereabouts on fateful night-Evidence of extra judicial confession given by appellant's mother-in-law fully supported by her brother's evidence-Evidence of appellant's mother- in-law-Could not be rejected on ground of her failure to have first informed her father about such confession particularly when not cross -examined on point-Medical evidence lending very strong support to prosecution version of murder having been committed by use of a lathi-Blood-stained lathi produced by appellant proved to have been stained with human blood-Clothes of appellant, as recovered, also proved to be stained with human blood-Prosecution case established by evidence of extra judicial confession and circumstantial evidence and discrepancies as pointed out in statements of prosecution witnesses of a very minor nature-Conviction of appellant, held, amply supported by evidence and calls for no interference.-[Evidence]. Date of hearing : 9th March, 1981.                                                                                                                    JUDGMENT DORAB PATEL, J.-Mst. Bivi, the wife of the appellant, was killed by lathi blows in the appellant's house on the night between 28th and the 29th of June, 1969. The appellant was tried for this murder and as no eye-witness was examined to prove the occurrence, the prosecution relied solely on circumstantial evidence and on the appellant's extra judicial confession to Mst. Jallan, his mother-in-law, on the night of the occurrence. The Sessions Court held that the evidence thus produced was sufficient to prove the appellant's guilt for the murder, but by its judgment dated 10-11-1970, whilst convicted him for the murder, it gave…