JUDGMENT 1. - Accused Murli alias Denny was convicted under Section 302 Indian Penal Code, and sentenced to imprisonment for life with a fine of L 100/- in default of payment of fine, to further undergo 6 months rigorous imprisonment, by the learned Additional Sessions Judge, Beawar by his judgment dated May 23, 1986. 2. The prosecution case is short and simple any may briefly be summed up as under: 3. At about 11.25 P.M. on 18-9-85 the appellant Murli appeared at Police Station, Vijay Nagar, Ajmer and verbally lodged a report (Ex. P/5 ) stating therein. " bryk nh fd f'ko jru mQZ VSuh iq= Jh Nxu ykyth vjksM+ fuoklh fot;uxj ls iqjkuh jaft'k gS og vHkh 11 cts djhc esjs ikl vk;k o esjh nqdku ij xkyh xykSp djus yxk xqLls es eSaus isV es nks rhu pkdw ekj fn;s o xys es Hkh ekjk f'kojru ogh nqdku ds ckgj jksM+ ij iM+k gS ej x;k gS eSaus pkdw ciw cktkj es vkrs oDr iRFkj ds uhps Nqik vk;k gwWaA " This report was reduced in writing by the Station House Officer Jahangir, PW 9. In order to verify the facts stated by the accused in Ex. P/5, the Station House Officer accompanied with PW 1 Mahendra Singh and PW 3 Rampal went to the spot and found the dead body of Shiv Ratan alias Tenny lying on the road leading from town to Vijay Cotton Mills. The Station House Officer posted some constables to keep a watch on the dead body and returned to the Police Station. He thereafter prepared the FIR Ex. P/6 in the prescribed from on the basis of Ex P/5 and registered a case under Section 302 Indian Penal Code against the appellant. The accused was arrested at about 1-00 A.M. on 11-9-1985 vide arrest memo Ex. P/4. He was wearing Bush shirt (Article 1) at the time of his arrest drenched with blood. This bush shirt was seized and sealed and seizure memo, Ex. P/3 was prepared. In pursuance of the information given by the accused in Ex. P/5, he took the Investigating Officer and the Motbirr near the building of Rajasthan Bank situate in Bapu Bazar and from there took out a dagger (Article 2) stained with blood lying concealed in a 'Nali'. It was seized and sealed vide seizure memo, Ex. P/2. P/3 was prepared. In pursuance of the information given by the accused in Ex. P/5, he took the Investigating Officer and the Motbirr near the building of Rajasthan Bank situate in Bapu Bazar and from there took out a dagger (Article 2) stained with blood lying concealed in a 'Nali'. It was seized and sealed vide seizure memo, Ex. P/2. The investigating Officer inspected the site and prepared the site plan, Ex. P/10 He also prepared the inquest report of the victims dead body. The medico legal autopsy over the victims dead body was conducted at about 9.00 A.M. on 11-9-1985 by PW 4 Dr. R. Mundel, the then Medical Officer-in-charge, Government Dispensary, Vijay Nagar. The doctor noticed the following ante-mortem injuries over the victim's dead body; External Injuries: 1. Incised stab wounds on back, chest, hips, abdomen, shoulder and wrist 1 1/4" x1/2" x 1"; 2. Six liver stab wounds on back, spinal and scapula bone 1" x1/2" x1/2"; 3. Two stab wounds incised wounds at both the hips at the level of ischial spinal 1" x1/2" x1/2" & 3" x 2" x 1" on the left and right hips respectively; 4. Incised stab wound on right shoulder 3" x 2" x1/2"; 5. Stab incised wound on abdomen 2" away and right of umbilicus 1 1/4" x 1" 11/2"; 6. Stab wound on left wrist near phalanges 1" x1/2" x1/2"; 7. Half inch stab wound on right wrist on shuff dox; 8. Stab incised wound on sternum middle part 1" x 1" x1/2"; 9. Stab wound 11/2" x 1" x 1" on right biceps muscle; 10. Stab wound incised 3" above left elbow joint 1 x 3/4" x 1". Internal Injuries: 1. Right lung punctured; 2. Left lung punctured; 3. Pericardium punctured; 4. Walls of abdomen punctured; 5. Peritornieum ruptured; 6. Hip ruptured; 7. 9th and 10th left ribs broken; 8. 2nd and 3rd right ribs broken. In the opinion of the Doctor, the cause of death Shiv Ratan was permanent cessation of circulation and respiration. The Doctor prepared the medico legal autopsy report, Ex. P/7. The blood stained cloths of the deceased were also seized and scaled by the Investigation Officer. He also lifted the blood stained soil from the place of incident, and sealed it. In the opinion of the Doctor, the cause of death Shiv Ratan was permanent cessation of circulation and respiration. The Doctor prepared the medico legal autopsy report, Ex. P/7. The blood stained cloths of the deceased were also seized and scaled by the Investigation Officer. He also lifted the blood stained soil from the place of incident, and sealed it. The blood stained cloths of the deceased, blood stained dagger and the blood stained Bush-shirt of the accused were sent to the Forensic Science Laboratory for chemical examination. The report received from there is Ex. P/14. As per the findings all these articles were stained with 'B' group human blood. 4. During investigation it transpired that the accused had made extra judicial oral confession before PW 1 Mahendra Singh, PW 2 Raju, PW 3 Rampal and PW 7 Kishan before he lodged the report Ex. P/5 at the Police Station. The extra judicial confession made by him was that he had committed the murder of Shiv Ratan. After when the investigation was over, the police submitted a crime report against the accused Murli @ Penny in the court of Judicial Magistrate, Beawar, who in this turn, committed the case for trial. The Additional Sessions Judge before who the case came for trial, framed charge under Section 302 Indian Penal Code against the accused, to which he pleaded not guilty and claimed to be tried. He denounced the whole prosecution story as a false and fabricated piece of concoction. He denied his presence on the place of incident and thus pleaded alibi. In support of its case prosecution examined 9 witnesses and filed some documents. In defence, no evidence was adduced by the accused. On the conclusion of trial, the learned Additional Sessions Judge held the charge Under Section 302 Indian Penal Code duly brought home to the accused. The accused was consequently convicted and sentenced as mentioned at the very out set. Aggrieved against his conviction, the accused has taken his appeal. 5. We have heard Mr. P.K. Sharma, learned Counsel for the appellant and Mrs. Kamla Jain, learned Public Prosecutor. We have also gone through the case file carefully. 6. It may be stated before proceeding further Mr. Sharma did not challenge the opinion of Dr. Mundel, PW 4, who conducted the post mortem examination over the victim's dead body. Dr. Mundel found as many 9 external injuries. Kamla Jain, learned Public Prosecutor. We have also gone through the case file carefully. 6. It may be stated before proceeding further Mr. Sharma did not challenge the opinion of Dr. Mundel, PW 4, who conducted the post mortem examination over the victim's dead body. Dr. Mundel found as many 9 external injuries. He also found both the lungs and head of the victim punctured. Four ribs were found broken. These findings of Dr. Mundel are no more under challenge before us and we, therefore need not touch his testimony in details. Mr. Sharma how ever, made a faint attempt that none of the injuries were individually sufficient in the ordinary course of nature to cause death. Dr. Mundel did not state so In our opinion, this contention has no relevancy. It is regretted that the prosecution did not elicit the opinion from Dr. Mundel as to whether any of the injuries individually or all the injuries taken collectively were sufficient in the ordinary course of nature to cause death How ever, this infirmity is of no consequence and renders no help to the accused. The testimony of Dr. Mundel shows that as many as 9 stab wounds and one incised wound were inflicted on the victim. Both the lungs and heart were ruptured. In these circumstances, it can be safely said that the injuries were sufficient in the ordinary course of nature of cause death. It is not a case of single injury. The assailant did not remain content by causing one or two injuries. He repeated the injuries and inflicted as many as 10 injuries. The chest and abdomen of the victim were not spared. The murder was thus, brute. 7. Admittedly, there is no eye witness and the entire prosecution case rests squarely on the circumstantial evidence. The circumstantial evidence on which the accused was convicted, consists of the following sets; 1. Extra judicial oral confession made by the accused before PW 1 Mahendra Singh, PW 2 Raju, PW 3 Rampal and PW 7 Kishan. 2. Recovery of dagger, Article-2 in consequence of the information furnished by the accused at his instance. When the accused was arrested, he was wearing bush-shirt, Article-1; The blood stained pent, Baniyan and Bush-shirts which he was wearing at the time of incident were seized. 2. Recovery of dagger, Article-2 in consequence of the information furnished by the accused at his instance. When the accused was arrested, he was wearing bush-shirt, Article-1; The blood stained pent, Baniyan and Bush-shirts which he was wearing at the time of incident were seized. The dagger, the bush-shirt of the accused and the cloth of the deceased on chemical examination were found stained and saturated with 'B' group human blood. In other words, the blood found on these articles was of the same group, i. e. of the deceased; 3. FIR, Ex P/5 was lodged by the accused. As it is confessional in nature, it is not admissible in evidence against the accused. How ever, it is admissible in evidence as a conduct of the accused; 4. The accused after lodging the FIR, Ex. P/5 took the police to the place of incident and pointed out the victim's dead body lying there. Taking these 4 sets of prosecution evidence into consideration, the learned Additional Sessions Judge held the charge duly proved. 8. In assailing the conviction, the first contention raised by Mr. Sharma is that out of the 4 witnesses-examined to prove the oral extra judicial confession, PW 1 Mahendra Singh has turned hostile. PW 2 Raju, PW 3 Rampal and PW 7 Kishan no doubt supported the prosecution version, but, their evidence was discrepant and inspire no confidence. It was argued that there was no occasion for the accused to make a confession before these three persons and to the police. It was submitted by Mr. Sharma that these three persons have been falsely, introduced to prove the extra judicial confession. It was also argued that the extra-judicial confession is a weak type of evidence and as such ordinarily no conviction should be based on it. 9. It was on the other hand contended by the learned Public Prosecutor that three witnesses supporting the prosecution case on extra-judicial confession have no basis or grouse against the accused. The court below treated them as witnesses of truth and this finding should not be disturbed by us while evaluating their evidence. 10. We have taken the respective submissions into consideration. PW 1 Mahendra Singh turned hostile though his signatures appear on the FIR; Ex. P/5 lodged in his presence by the accused at the Police Station. It appears that he has been won over by the accused. 11. 10. We have taken the respective submissions into consideration. PW 1 Mahendra Singh turned hostile though his signatures appear on the FIR; Ex. P/5 lodged in his presence by the accused at the Police Station. It appears that he has been won over by the accused. 11. As regards the remaining three witnesses Raju, Rampal & Kishan, nothing could be brought out in what they stated that hare any ill will or grouse against the accused. PW 2 Raju who runs a hotel and a 'Paan' shop stated that at about 11.00 p.m. on the day of incident the accused came from Bazar side. He was wearing bush-shirt. Article-1 at that time. The Bush-shirt was drenched with blood. PW 3 Rampal was also standing there. PW 7 Kishan who works on the shop of this witness was also present there. The accused who came from Bazar side stated that he had finished Tonny @ Shiv Ratan fore ever and he was going to the Police Station. Thereafter, the accused went towards the Police Station. The same facts were stated by PW 3 Rampal who was standing at the shop of PW 2 Raju, PW 3 Rampal stated that when the blood was seen on the bush-shirt of the accused, the accused was asked as to how the blood was there. The accused stated that he had finished Tonny forever and was going to the police station. The witness stated that he also went to the Police Station. The accused verbally lodged a report, Ex. P/5 of the incident there, on which he appended his signature. PW 7 Kishan used to work in the hotel of PW 2 Raju. He stated that at about 11 00 p.m. on the day of incident the accused came from Bapu Bazar side. He was wearing a bush-shirt stained with blood. He was asked as to how the Wood was there on the bush-shirt The accused stated that be bad finished Tonny fore ever and was going to Police Station. All these three witnesses PW 2 Raju, PW 3 Rampal and PW 7 Kishan have been cross-examined at length, but nothing could be extracted from them, which may make the testimonies suspicious or doubtful. They bear no grudge or ill will against the appellant. All these three witnesses PW 2 Raju, PW 3 Rampal and PW 7 Kishan have been cross-examined at length, but nothing could be extracted from them, which may make the testimonies suspicious or doubtful. They bear no grudge or ill will against the appellant. There is no material to show they had a soft corner for deceased Tonny alias Shiv Ratan or had any ill will against the appellant to falsely implicate him. Learned Sessions Judge made a critical analysis of what they deposed and held their evidence reliable. Mr. Sharma could not convince us that the approach of the trial court was erroneous or un-sustainable. We have no reasons to differ with the finding recorded by the trial court in respect of the evidence of these three witnesses relating to the accused's asking extra-judicial confession before them. 12. The confession, whether judicial or extra judicial, oral or written constitutes a very important material in assessing the guilt of the accused. The difficulty is how ever, generally felt about the proof of the extra-judicial confession. When the extra judicial confession is pressed into service for assessing the guilt of the accused, it should successfully pass the following three tests: (1) that it was really made: (2) it was made voluntarily; and (3) it is true. When the extra judicial confession passes these three tests, the accused can be safely convicted on its basis even without any corroboration. Now, whether an oral extra judicial confession was made or not, is essentially a question of fact and requires evidence in proof of it. It depends on the reliability and veracity of the witnesses who come forward to prove an extra judicial confession. If there evidence is beyond reproach and they are not interested in falsely implicating the accused, generally their evidence should be accepted in proof of an extra-judicial confession. If there is convincing evidence to show that the extra judicial confession was made by the accused, the prosecution is further required to show that it was voluntarily made The circumstances must point out that the oral extra judicial confession was an out come of a free and willing mind. In other words, the oral extra judicial confession must have been made voluntarily. The circumstances should show that it was not wrung out or extracted from the accused. In other words, the oral extra judicial confession must have been made voluntarily. The circumstances should show that it was not wrung out or extracted from the accused. Lastly, the extra judicial confession should have been not only made voluntarily, but also it must appear that it is true. 13. Recently, in State of U.P. v. M K Anthony [ AIR 1985 SC 48 ] the question of extra-judicial confession was dealt with at length. In para 15 of the judgment, their Lordships observed as under: "There is neither any rule of law nor of prudence that evidence furnished by extra-judicial confession cannot be relied upon unless corroborated by some other credible evidence. The courts have considered the evidence of extra judicial confession a weak piece of evidence if the evidence about the extra judicial confession comes from the mouth of witness/witnesses who appear to be unbiased, not even remotely inimical to the accused, and in which may tend to indicate and he may have a motive for attributing an untruthful spoken to by the witness are clear, unambiguous and unmistakably convey that the accused is perpetuator of the crime and nothing is omitted by the witness which may militate against it, then after subjecting the evidence of the witness to a rigorous test on the touchstone of credibility, if it passes the test, the extra-judicial confession can be accepted and can be the basis of a conviction. In such a situation to go in search of corroboration itself tends to cast a shadow of doubt over the evidence. If the evidence of extra judicial confession is reliable, trustworthy and beyond reproach the same can be relied upon and a conviction can be founded thereon. On a close and careful scrutiny of the evidence of PW 2 Raju, PW 3 Rampal and PW 7 Kishan, we are unable to accept the contention of Mr. Sharma that they have falsely introduced the story of accused's making oral extra judicial confession before them or that their evidence relating to the extra-judicial confession in discrepant and unreliable. There is nothing, which may induce us to dismiss or disbelieve the evidence of these three witnesses in respect of the extra-judicial confession. The criticism levelled by Mr. Sharma in respect of these three witnesses is not well founded and we have no hesitation in rejecting it. There is nothing, which may induce us to dismiss or disbelieve the evidence of these three witnesses in respect of the extra-judicial confession. The criticism levelled by Mr. Sharma in respect of these three witnesses is not well founded and we have no hesitation in rejecting it. The oral extra judicial confession here in the instant case made by the accused before PW 2 Raju, PW 3 Rampal and PW 7 Kishan in itself is sufficient to seek the conviction. No corroboration is required. 14. The second circumstances is that when the accused appeared at the Police Station, he was wearing bush-shirt, Article 1. It was seized and sealed vide seizure memo, Ex. P 3. The bush-shirt was stained with blood. In FIR Ex. P/5 lodged by the accused, he had stated that he had concealed the knife in Bapu Bazar under a stone. This information recorded in the FIR, Ex. P/5 given by the accused is admissible in evidence under Section 27 of the Evidence Act. In pursuance to this information, the accused took the Investigating Officer and the Motbirs near the Bank of Rajasthan. There he took out a dagger, Article 2 lying concealed under a stone in a 'Nala' situate near a shop. It was seized and sealed vide seizure memo, Ex. P/2. The dagger was found stained with blood The clothes of the deceased victim viz., Bush-shirt, pent and Baniyan, which he was wearing at the time of incident and which were on his body at the time of preparing the inquest report were seized and sealed vide seizure memo, Ex. P/11. The blood stained soil was also lifted from the place of incident and was sealed vide seizure memo, Ex. P/11. All these articles, namely, Bush-shirt, dagger, 3 clothes of the deceased and the blood stained soil lifted from the place of incident were sent for chemical examination. The report received from there is Ex P/14. All these articles were found stained with 'B' group human blood. Now, the presence of the same group of blood on these various articles that is, of the accused and the deceased, affords a very material corroboration to the prosecution case and furnishes a very significant evidence against the appellant. The accused did not explain as to bow the blood of the same group was found on his bush-shirt and the dagger recovered at his instance. The accused did not explain as to bow the blood of the same group was found on his bush-shirt and the dagger recovered at his instance. The presence of the same group of human blood on these Articles constitutes a very valuable link in the chain of circumstantial evidence against the appellant. 15. The accused lodged the FIR, Ex. P/5 just within some minutes of the incident. It is confessional in nature and as such the confession part is not admissible in evidence and the learned Sessions Judge rightly refused to read it in evidence against the accused. How ever, that portion which amounts to the information relating to the discovery of knife mentioned in it is admissible in evidence under Section 27 of the Evidence Act. There can be no conflict on this legal position in view of the law laid down by their Lordships of the Supreme Court in the case of A. Nagesia v. Bihar State [ AIR 1966 SC 119 ] . This legal position has not been disputed by Mr. Sharma. 16. The accused after lodging the FIR, Ex. P/5 look the Investigating Officer and the Motbirs to the place where the victim's dead body was lying. This conduct of the accused is admissible in evidence. 17. The accused had taken no specific plea in defence except repudiating the entire prosecution story. His conviction under Section 302, Indian Penal Code is, therefore, proper and calls for no interference. Mr. Sharma, how ever contends that though the FIR, Ex. P/5 is not admissible in evidence against the accused for any purpose as it is confessional in nature, it is admissible in evidence in his favour. Reliance in support of the contention was placed on Section 25 of the Evidence Act. Section 25 reads as under: "No confession made to a Police Officer shall be proved as against a person accused of any offence. 18. Section 25 of the Evidence Act lays down in specific terms that no confession made to a Police Officer can be proved as against a person accused of any offence. The word used in Section 25 is "against": It, therefore, in terms does not restrain the admissibility of a confession in favour of the accused making it. 18. Section 25 of the Evidence Act lays down in specific terms that no confession made to a Police Officer can be proved as against a person accused of any offence. The word used in Section 25 is "against": It, therefore, in terms does not restrain the admissibility of a confession in favour of the accused making it. In A. Nagesia's case (supra) it was observed in para 12: "the accused is entitled to insist that the entire admission including the exculpatory part must be tendered in evidence. But this principle is of no assistance to the accused where no part of his statement is self-exculpatory, and the prosecution intends to use the whole of the statement against the accused. In view of the observations as aforesaid, it is of-course oden to the accused to insist that Ex. P/5 be read in evidence in his favour. 19. The submission of Mr. Sharma is that in the FIR, Ex. P/5 the accused stated: " esjh nqdku ij xkyh xykSp djus yxk xqLls es eSaus isV es nks rhu pkdw ekj fn;s aA " It was urged that the aforesaid sentence makes out a case of grave and sudden provocation and as such the case should be taken as covered by Exception (i) of Section 300, Indian Penal Code. We are unable to subscribe the view propounded by Mr. Sharma. Assuming that the aforesaid portion quoted by us can be read in favour of the accused, the pertinent question is whether a defence of grave and sudden provocation is made out. The accused did not stage in Ex P/5 as to what were the abuses. We are, therefore, unable to say as to whether the abusive words were sufficient to give rise to the sudden and grave provocation to the accused for stabbing the victim. The provocation must be such as would reasonably justify the lose of self control. In order to make out such a plea, the exact words of the abuse should be there to find out whether the use of those abusive words by the victim would reasonably justify the lose of self control on behalf of the accused. The question whether a provocation was there, whether provocation was grave and sudden so to make the accused lose his self control are the questions of facts. The question whether a provocation was there, whether provocation was grave and sudden so to make the accused lose his self control are the questions of facts. In order to prove such facts, it is all the more necessary for the accused to show as to what type of abusive language or provocative words were used by the deceased. We may point out that mere abuse in filthy language is not sufficient to give rise to the grave and sudden provocation. Generally, the words are not taken to constitute sufficient provocation except in very special circumstances. Here, in Px. P/5 there is only a bald statement that the deceased started abusing the accused. In the absence of the particulars of the abuses and the abusive language, it cannot be inferred that there was an occasion of grave and sudden provocation for the accused to stab the deceased so mercilessly as to inflict 10 wounds. No case of grave and sudden provocation as to apply Exception (i) of Section 300, Indian Penal Code is made out in favour of the accused. Mr. Sharma also made an attempt to show that there were two assailants because two incised wounds were also found on the victim's body. We find no substances in the contention of Mr. Sharma. Injuries No. 3 and 4 have been described as stab-incised wounds. A dagger can cause stab wound as well as incised wound. The contention holds no ground. 20. No other contention was raised. For the reasons stated above, we are of the opinion that the appellants was rightly convicted and sentenced. No interference is called for. 21. In the result, the conviction of accused Murli alias Denny under Section 302, Indian Penal Code and the sentence awarded to him by the trial court are maintained. His appeal against his conviction is dismissed.Appeal dismissed. *******