Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 27–Extra-judicial confession–Reliability–Alleged extra-judicial confession made before the real brother and a close acquaintance of the deceased cannot be believed–Further, as per the version of the witnesses of extra-judicial confession, the appellant assaulted the deceased with the stick whereas the case of the prosecution is that the axe was recovered from the appellant–Different groups of blood on the recovered clothes of the appellant–Held, the prosecution failed to prove the offence beyond the reasonable doubt–Conviction cannot be sustained.
