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Head Note

Indian Penal Code,1860  - Section 302 , Section 379

Conviction and sentence - Alleged - Accused committed murder of a child - Drowning her in a pond - Removed silver chain from her person - Evidence - Extra-judicial confession - Extremely weak kind - Exact words of accused - Not uttered by any witnesses - Absence of any detail in seizure memo - Place from silver chain was seized - Oral evidence puts seizure in extreme suspicion - Silver chain not identified by PW 1 - father of deceased - No proximity between time when deceased and accused were last seen together and time of death of deceased - Considering short distance between - House of deceased and pond, possibility of death being accidental cannot be ruled out - Prosecution failed - Prove case of murder against accused - Even for theft of silver chain - Judgments lower Courts set aside - Appeal allowed - Acquittal.

Topic(s)-Extra-judicial confession

Important Decision(s)- 

• Extra-judicial confession - Exact words of accused - Not uttered by any witnesses - Acquittal - Conviction set aside.
• Absence of any detail in seizure memo - Place from silver chain was seized - Acquittal - Conviction set aside.
• No proximity between time when deceased and accused were last seen together and time of death of deceased - Acquittal - Conviction set aside.