Short Note : 1. The extra judicial confession is said to have been made before the witness Kevasi Koso (PW 2) and Sukulprashad (PW 3). On the perusal of the statement of these witnesses accepting what have been deposed to be true, it can unhesitatingly be said that it does not amount to the confession of the guilt. On the contrary, it is clearly called out that the exercise of the right of self defence of property and person. It is settled law that if the accused's confessional statement has to be accepted, it has to be accepted as a whole and relying on this law, this Court finds that what the accused has confessed was that it was in the exercise of the right of private defence of property any person. In this view of the matter the extra judicial confession cannot be pressed into service for fastening the liability of the accused so as to convict him under section 302 of the Indian Penal Code. Appeal allowed.