Evidence – Extra-judicial Confession – Evidentiary value – Lady
found murdered by a sharp cutting weapon – During investigation,
revealed that the appellant-husband of the deceased had
confessed before the prosecution witness that he had murdered
the deceased with the murder weapon at that very spot where
the body of the deceased was found – However, the trial court
found the evidence of the witnesses contradictory to each
other and not trustworthy, and acquitted the appellant – In
appeal, the High Court convicted and sentenced the appellant
u/s. 302 – Interference with – Held: Not called for – However,
strong suspicion may be, it cannot take place of a proof beyond
reasonable doubt – Extra-judicial confession is a weak piece
of evidence – Where an extra–judicial confession is surrounded
by suspicious circumstances, its credibility becomes doubtful
and it loses its importance – Trial court found the testimonies
of prosecution witnesses not to be reliable so as to base the
conviction solely on the basis of such testimonies – Trial court
disbelieved the recovery of clothes and weapon – Approach
adopted by the trial court was in accordance with law – Unless
such a finding is found to be perverse or illegal/impossible, it
is not permissible for the appellate Court to interfere with the
same – View taken by the trial court could not be said to be
either perverse or illegal/impossible to warrant interference –
Thus, High Court erred in interfering with the well-reasoned
judgment and order of acquittal passed by the trial court – Penal
Code, 1860 – s. 302.