V. N. MEHROTRA, J, J. ( 1 ) APPELLANT Dhirendra Chandra has filed this appeal against the judgment and order dated 28-2-1983 passed by Sri Madan Mohan Lal, Sessions Judge, Nainital, convicting the appellant under Section 302 I. P. C. and sentencing him to undergo imprisonment for life for that offence. ( 2 ) THE prosecution case, in brief, was that deceased Smt. Indra was married to the appellant about 1-1/2 years before this occurrence. The appellant suspected the chastity of his wife and for this reason he was on a look out to do away with her. It is said that on 16-11-1979 at about 5. 30 p. m. when the appellant, who was employed as a patwari, reached his house in village Kishanpur, P. S. Haldwani district Nainital, he found that other members of his family including his father brothers and cousin sisters were not present there. Finding the right opportunity he killed his wife Smt. Indra by a dagger (CHOORI) by causing injuries on her neck. The appellant then concealed the dagger at the house of one Sant Ram Patwari (P. W. 6) in village Gaujajali police station Haldwani. Thereafter the appellant himself filed a written report at police station Haldwani at 7. 35 p. m. on the same day confessing to thy killing of his wife Smt. Indra and also mentioning the fact that he had after the murder, concealed the dagger at the house of one Sant Ram Patwari. He also recorded in the First Information Report the motive of the crime, ( 3 ) THE case was registered. The blood stained shirt which the appellant was wearing was taken into police custody and memo was prepared. The investigation was conducted by Sri K. P. Singh, S. I. (P. W. 14 ). He recovered the dagger, which is alleged to be the murder weapon, at the pointing out of the appellant from the house of Sant Ram Patwari in presence of the witnesses as well as some police personnel. The Investigating Officer found the dead body of Smt. Indra lying at the house of her husband who is the present appellant. He prepared the panchayatnama. The Investigation Officer also recorded the statement of the witnesses and after completing the investigation submitted charge-sheet against the appellant. ( 4 ) THE post-mortem examination of the dead body of Smt. Indra Devi was conducted by Dr. He prepared the panchayatnama. The Investigation Officer also recorded the statement of the witnesses and after completing the investigation submitted charge-sheet against the appellant. ( 4 ) THE post-mortem examination of the dead body of Smt. Indra Devi was conducted by Dr. S. P. Singh (P. W. 5) at about 12 noon on 18-11-1979. He found the following ante-mortem injuries on the body:1. Incised wound 20 cm x 10 cm x bone deep, region of head, crossing the middle at back 2 cm behind right ear and 4 cm behind the left earmultiple fracture right occiptial bone with some of the pieces missing brain exposed on, the right side subdural haemotoms present. 2. A incised wound 6 cm x 3 cm left side cheek 2 cm below the left eye extending to the frontal region obliquely placed. 3. A incised wound 4 cm x 2 cm x musele deep right supra clavicle region lateral side. ( 5 ) THE prosecution examined as many as fifteen witnesses to establish the guilt of the appellant. The appellant in his statement under Section 313 Cr. P. C. confessed his guilt. The learned Sessions judge, after considering the material produced before him held the appellant guilty of the offence under Section, 302 I. P. C. and sentenced him as mentioned earlier. ( 6 ) WE have heard Sri A. N. Mulla on behalf of the appellant and have also heard the Deputy Government Advocate and have perused the record. The prosecution has in this case placed reliance on the confessional statement of the appellant contained in the First Information Report. It has further placed reliance on the confessional statement of the appellant recorded under Section 164 Cr. P. C. on 20-11-1979 by Sri Charanjit Singh Buxi (P. W. l1) Executive Magistrate. The prosecution has further relied on the confession by the appellant contained in the application (Ex. Ka-11) moved by him before the Trial Court. It has further relied on the statement of the appellant under Section 313 Cr. P. C. recorded in the Trial Court on 9-2-1983 in which he had admitted the commission of murder by him of his wife Smt. Indra Devi and also the lodging of the First Information Report and the concealment of the weapon and also the motive of the crime. P. C. recorded in the Trial Court on 9-2-1983 in which he had admitted the commission of murder by him of his wife Smt. Indra Devi and also the lodging of the First Information Report and the concealment of the weapon and also the motive of the crime. The prosecution has also placed reliance on the recovery of the blood stained shirt which the appellant was wearing at the time when he reached the police station at 7. 35 p. m. on 16-11-1979 while lodging the written report. It has also relied on the recovery of blood stained dagger (CHOORI) under Section 27 of the Indian Evidence Act. ( 7 ) THE learned counsel for the appellant has argued that the confessional statements by the appellant cannot be relied on and the appellant cannot be convicted on the basis of the same. He has also challenged the alleged recovery of blood stained shirt from the appellant and also the recovery of dagger (CHOORI) under Section 27 of the Indian Evidence Act. ( 8 ) AS regards, the First Information Report lodged at 7. 35 A. M. on 16-11-1979 the appellant himself had in his statement under Section 313 Cr. P. C. admitted that he had lodged this First Information Report at the police station. The prosecution had also produced the Head Constable concerned, who had received this First Information Report. He has stated that the First Information Report was handed over by the accused to him at ihe police station. Thus there can be no doubt that the appellant filed the First Information Report at the police station on 16-11-1979. This First Information Report contained confessional statement by the accused about the commission of murder of his wife. Considering the decision in the case of A. Nagesia v. State of Bihar, this First Information Report will not be admissible in evidence in view of the ban containedt in Section 25 of the Evidence Act, except to the extent that the ban of Section 25 is lifted by Section 27. This First Information Report contained statement about the concealment of murder weapon (dagger) by the appellant at the house of Sant Ram Patwari. The Investigating Officer, Sri K. P. Singh (P. W. 14) has stated that the accused had told him that he had concealed the dagger (CHOORI) and he can point out the same. This First Information Report contained statement about the concealment of murder weapon (dagger) by the appellant at the house of Sant Ram Patwari. The Investigating Officer, Sri K. P. Singh (P. W. 14) has stated that the accused had told him that he had concealed the dagger (CHOORI) and he can point out the same. He has also stated that he along with the witnesses and police personnel were taken by the accused to the house of Sant Ram Patwari and from a room of that house the appellant took out the dagger (CHOORI) which had been hidden behind a bag. This witness has stated that he prepared memo in respect of the dagger (CHOORI) on the spot and got the same signed by the witnesses. It is true that Sant Ram (P. W. 6) as well as other witness Chandra Prakash (P. W. 7) and also Smt. Munni Devi wife of Sant Ram (P. W. 12) have not supported the prosecution case as regards the recovery of the dagger (CHOORI) at the pointing out of the appellant. However, the appellant himself has in his statement under Section 313 Cr. P. C. admitted that the dagger (CHOORI) in question was the same with which he had committed the murder of his wife as mentioned earlier. In the First Information Report also, which the appellant admits to have lodged at the police station, the appellant had mentioned that he had concealed the dagger (CHOORI) in question at the house of Sant Ram Patwari (P. W. 6 ). We are of the view that there is sufficient evidence on record to establish that the dagger (CHOORI)in question was recovered by the Investigating Officer at the pointing out of the appellant from the house of Sant Ram Patwari. This dagger (Choori) was sent to the Chemical Examiner and according to the report by the Chemical Examiner human blood was found on it. ( 9 ) ANOTHER circumstance on which the prosecution has relied is, as mentioned earlier, the recovery of blood stained shirt which the accused was wearing when he lodged the First Information Report on 16-11-1979. This dagger (Choori) was sent to the Chemical Examiner and according to the report by the Chemical Examiner human blood was found on it. ( 9 ) ANOTHER circumstance on which the prosecution has relied is, as mentioned earlier, the recovery of blood stained shirt which the accused was wearing when he lodged the First Information Report on 16-11-1979. The Head Moharrir, Jagdish Prasad (P. W. 4) who had received the written report and had prepared the chik report on the basis of the same, has stated that he had taken in his possession the blood stained shirt which the accused was wearing at the time he came to the police station to lodge the report. He has also stated that he sealed the shirt and prepared recovery memo in respect of the same. The appellant has in his statement under Section 313 Cr. P. C. admitted that the shirt in question (Ex. 2) belongs to him and that it had stains on it, though he further stated that it was taken by the police in its custody on the 17th and not on 16th Nov. 1979. The report by the Chemical Examiner shows that this shirt was stained with human blood of Group q This report also shows that the clothes which the deceased was wearing were also stained with the blood of the same group. This fact along with the previously mentioned fact of the recovery of the blood stained dagger (CHOORI) at the pointing out of the appellant support the prosecution case regarding the commission of murder by the appellant ( 10 ) THE prosecution has been placed reliance on the confessional statement of the appellant recorded by the Executive Magistrate on 20-11-1979 under Section 164 Cr. P. C. This confessional statement has been proved by Shri Charan Jit Singh Bux (P. W. 11 ). In the begining of this statement, the appellant has confessed to his guilt though subsequently he changed his statement and alleged that some other person has committed murder of his wife. In view of this contradictory statement the first part of this confessional statement cannot be fully relied upon to hold that the appellant was guilty of committing the murder of his wife. ( 11 ) ON behalf of the State reliance has then been placed on the confession contained in the application (Ka. In view of this contradictory statement the first part of this confessional statement cannot be fully relied upon to hold that the appellant was guilty of committing the murder of his wife. ( 11 ) ON behalf of the State reliance has then been placed on the confession contained in the application (Ka. 21) moved by the appellant himself before the Trial Court as mentioned by the learned Sessions Judge. The appellant had himself moved that application before the Trial Court and in that application moved on 10-12-1982 the appellant mentioned that he was making a confession of his crime and also mentioned that he should be accordingly punished for the same. Thereafter the appellant was examined under Section 313 Cr. P. C. after the conclusion of the evidence produced, by the prosecution. In this statement the appellant admitted that Smt. Indra Devi was is wife. He further stated that he suspected the chastity of his wife and so he several times thought of killing her. The appellant in reply to the second question admitted that he had lodged the First Information Report on 16-11-1979 and the same was written and signed by him. Thereafter in reply to question no. 3 he clearly admitted that he had killed his wife Smt. Indra Devi at 5. 30 p. m. on 16-11-79 by a dagger (CHOORI) (Ex. 3 ). He further admitted that the shirt (Ex. 2) belonged to him and it was stained with blood. He also admitted that he told the Investigating Officer about his intention to show the dead body of Smt. Indra Devi and also to point out the dagger (CHOORI) (Ex. Ka-3 ). He thereafter stated that at his house in village Kishanpur he pointed out the dead body of Smt. Indra Devi. The statement of the appellant under Section 313 Cr. P. C. thus clearly and specifically mentions that the appellant was suspicious of the chastity of his wife and it was for this reason that he committed murder of his wife by a dagger (CHOORI) (Ex. 3) at 5. 30 P. M. on 16-11-1979. This confessional statement of the appellant appears to be voluntary and is further corroborated by his earlier confessional statement contained in the application (Ex. Ka21) moved before the Trial Court. 3) at 5. 30 P. M. on 16-11-1979. This confessional statement of the appellant appears to be voluntary and is further corroborated by his earlier confessional statement contained in the application (Ex. Ka21) moved before the Trial Court. It also finds corroboration from the recovery of the murder weapon (dagger) at the pointing out of the appellant from the house of Sant Ram Patwari and also from the fact that the appellant was wearing blood stained shirt at the time he himself lodged the First Information Report at the police station shortly after the commission of the murder. Considering this evidence it can safely be said that the prosecution had been able to prove the guilt of the appellant beyond reasonable doubt. The learned Sessions Judge was thus right in convicting the appellant under Section 302 I. P. C. This appeal does not have any force. It is liable to be dismissed. ( 12 ) IN the result, the appeal is dismissed and the conviction and sentence imposed by the learned Sessions Judge is maintained. The appellant is in jail He shall serve out the sentence appeal dismissed. .