JUDGMENT R.L. Khurana, J.: The appellant Khem Chand stands convicted for the offence under Section 302, Indian Penal Code, by the learned Sessions Judge, Mand, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, vide judgment dated 1/8.11.1996. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for a further period of three years. Out of the amount of fine, if recovered, an amount of Rs.5000/- ha* been ordered to be paid to PW Soma Devi, the widow of the deceased Tara Chand. 2. Briefly staged, the prosecution story is this. This deceased Tara Chand, a resident of village Prain Langna, Tehsil, Jogindernagar, District Mandi, was working as a Beldar with the Irrigation and Public Health Department in its Makrerhi Section. Everyday he used to return home after his duty. On 21.10.1995, he failed to return home till about 10 p.m. His wife, PW Smt Soma Devi, after having waited for him ultimately took her meals and retired to bed taking that the deceased Tara Chand might have been detained on duty since the previous day also he had not returned home in the evening as us At about 10 p.m. or 10.30 p.m. PW Rajesh Kumar, a resident of the s; village, came to her to intimate that as per the telephonic message receive her husband was lying injured near die cowshed of the appellant and that should carry him home. PW Smt. Soma Devi accompanied by PW Raj Kumar went to the spot and found her husband lying on the village path the cowshed of the appellant, covered with a "Pattu". On removing the "Pat she noticed multiple injuries on the person of her husband, w no did not rcsp IP her calls, as he was dead by that time. PW Smt. Soma Devi then called for the appellant. On the appellant arriving at the spot, he was asked as told Soma Devi had killed the deceased Tara Chand The appellant is alleged to have told Soma Devi that he had found the deceased Tara Chand sleeping on his cc the verandah of his house. PW Smt. Soma Devi then called for the appellant. On the appellant arriving at the spot, he was asked as told Soma Devi had killed the deceased Tara Chand The appellant is alleged to have told Soma Devi that he had found the deceased Tara Chand sleeping on his cc the verandah of his house. He had been threw the decease a down and beatings to him with the help of a "danda" This statement is further allow to have been made by the appellant in the presence of PW Sant Singh, Pradhan and one Bhadur Singh. 3. The information was given to the police by PW Rajesh Kumar, police came to the spot and recorded the statement of PW Smt. Soma D under Section 154, Code of Criminal Procedure. In her statement made to police, PW Smt. Soma Devi stated that the appellant had been suspecting fidelity of his wife and he had been giving beatings to his wife on this account PW Smt. Soma Devi, expressed a suspicion that the appellant might have kill her husband on account of the doubt that the deceased might have behave illicit relationship with his wife. 4. During the course of investigation of the case by PW ASI Ra Singh, on a personal search having been carried out of the dead body, eurre notes worth Rs.1050/-, along with one handkerchief were recovered and to into possession. Bloodstain earth, pillow cover and bed sheet were also to in to possession. The necessary spot memo was prepared. 5. The dead body was got post-mortemed. PW 11 Dr Raj Kumar, conducted the post-mortem observed the following injuries on the person the deceased, which were antemortem :- 1. Single contusion extending from left cheek bon. to the middle upper lip. No fracture of maxillary bone. Left subcon- jant haemorrhage was present: 2. There was C.L.W. on the upper lip; 3. Contusion extending from anterior border of right sternocleidon toid muscle to the posterior border of same muscle was present: 4. Multiple contusions over the back about 32 in number and also buttocks; 5. Multiple contusions about 10-15.in number over the left side thorax; \ 6. 4th, 5th, 6th, 7th and 8th ribs were found fractured on the left Sid the chest; 7. Pleurae of the left side was ruptured. 8. Left long was fractured with rib penetrating it; 9. Contusions over the left hypochondrial region; 10. Multiple contusions about 10-15.in number over the left side thorax; \ 6. 4th, 5th, 6th, 7th and 8th ribs were found fractured on the left Sid the chest; 7. Pleurae of the left side was ruptured. 8. Left long was fractured with rib penetrating it; 9. Contusions over the left hypochondrial region; 10. Blood was present in the peritoneum; 11. Frothily blood was coming out of mouth and nostrils; and 12. Spleen was ruptured. However, kidneys were normal 6. In the opinion of the doctor the death was on account of massive haemorrhage and shock as a result of injury to the left lung and spleen. Probable time between injuries and death was 2 to 3 hours and between death and post-mortem was 24 to 48 hours. 7. The appellant was arrested by the police on 22.10.1995. He is alleged to have made disclosure statements on 25.10.1995 leading to the discovery of two "dandas" Ex.P.7 and P.8, pillow cover and shoes of the deceased from his verandah, cowshed and the room of his mother. 8. The pillow cover, bed sheet, earth, hook of pant, danda and clothes of the deceased were found to be stained with human blood of group - B. 9. The appellant /as accordingly charge-sheeted and sent up for trial. He stands convicted and sentenced as aforesaid. 10. The case set up by the appellant in his defence, as made out during the course of cross-examination of the prosecution witnesses and in his statement recorded under section 313, Code of Criminal Procedure is that he is working as a Lineman with the State Electrically Board. On 21.10.1995, be had gone to attend his duties at about 6.45 A.M. He remained on duty throughout the day in the maintenance of electric supply. Thereafter, he had gone to the house of his in - laws in village Samol. He reached there at about 9 P.M. After taking his meals at the house of his in-laws, he reached home at about 9.30 P.M. His mother and wife were watching TV. He then went to answer the call of the nature, when he noticed the body of the deceased Tara Chand lying near his cowshed. He thereupon enquired from his mother and wife, if any outsider had come and/or there had been any quarrel His mother and wife denied. He then went to inform the villagers. He then went to answer the call of the nature, when he noticed the body of the deceased Tara Chand lying near his cowshed. He thereupon enquired from his mother and wife, if any outsider had come and/or there had been any quarrel His mother and wife denied. He then went to inform the villagers. He informed Sarvshn Bahadur Singh, Govind Ram, Bhup Singh, SDO and Om Chand All of them came to the spot. Shri Bhup Singh, SDO of die State Electricity Board in turn informed Sant Singh, Pradhan. The appellant denied his involvement in any manner with the commission of the offence. 11. The learned counsel for the appellant, while assailing the conviction and sentence imposed by the learned trial court has contended that the learned trial court has failed to appreciate and consider the evidence in its right perspective. The version of the prosecution story is highly improbable. The learned trial court has gravely erred in relying upon the alleged extra judicial confession of the appellant, the testimony of the alleged eye witness (PW 2) as well as the alleged recoveries made in pursuance of the alleged disclosure statements of the appellant. According to the learned counsel, the learned trial court failed to draw the distinction between "recovery" and "discovery." 12. The learned Additional Advocate General, on the other hand, has supported the conviction and sentence imposed upon the appellant by the learned trial Court for the reasons and on the grounds stated in the impugned judgment dated 1/8.11.1996. 13. We have heard the learned counsel for the parties and have also gone through the record of the case. 14. At the very outset, it may be stated that the conviction and sentence imposed upon the appellant by the learned trial court cannot be sustained and are liable to be set aside. 15. There is no denying that absence of motive for the crime will not destroy the truthfulness of the prosecution case. However, in a case where a . motive is asserted, failure of the prosecution to prove such motive assumes significance’ and cannot be lightly brushed aside. 16. 15. There is no denying that absence of motive for the crime will not destroy the truthfulness of the prosecution case. However, in a case where a . motive is asserted, failure of the prosecution to prove such motive assumes significance’ and cannot be lightly brushed aside. 16. In the present case, the motive for the crime as given out by PW 1 Smt. Soma Devi in her statements (Ex.PA) made to the police, under section i 54, Code of Criminal Procedure, is that the appellant was suspecting the fidelity of his wife and he used to give beatings to her on this account On the relevant day, the appellant suspecting that the deceased Tara Chand was having 3 clandestine relations with his wife, had committed the murder of the deceased. What to tell of any other evidence to prove such a motive, Smt. Soma Devi herself, while appearing as PW 1 is silent on this aspect of the matter. She, on the other had, has gone to state:- "Neither my husband nor the accused were having any ill-will with each other. They were friends, and used to accompany each other." 17. The learned trial Court, while ignoring the absence of motive in the present case, has Observed that in view of the direct evidence in the form of testimony of eye witness PW 2, Dina Nath, coupled with other circumstantial evidence available on the record, the question of motive becomes more or less an academic discussion. We do not agree with the observations of the learned, trial court. Since a specific motive for the offence was given out by PW Smt. Soma Devi in her statement, Ex.PA, the failure of the prosecution to prove such j a motive would render the prosecution story doubtful. 18. Much reliance has been placed. by the learned trial court on the alleged direct evidence in the form of the statement of PW 2 Dina Nath. According to the prosecution case, this Dina Nath is an eye - witness of the occurrence. . " . 19. Pw 2, Dina Nath, is a resident of village Langna. His house is about one Km. from the house of the appellant Both the deceased and the appellant, according to him, were known to him. He is working as a "Sevadar" in Middle School, Samool, Samol, in Teshil Sarkaghat. . " . 19. Pw 2, Dina Nath, is a resident of village Langna. His house is about one Km. from the house of the appellant Both the deceased and the appellant, according to him, were known to him. He is working as a "Sevadar" in Middle School, Samool, Samol, in Teshil Sarkaghat. Besides, he is alleged to be working as a "Potter. According to him, on the relevant day, he had gone to Village Gadhera to supply earthier lamps. While he was returning home, the appellant met him on the way at village Dol at about 7.45 P.M. when it was almost dark. The appellant was carrying a torch. He asked the witness to accompany him. When they reached in the courtyard of the appellants house, he called out for his wife to enquire as to who was sleeping in his cot in the Verandah. The mother and wife of the appellant came down and informed the appellant that they had permitted no one to sleep in the verandah. The appellant then rushed towards the cot and gave two three blows to the person sleeping in the cot. The witness on going near the cot found the person sleeping in the cot to be Tara Chand. The witness has further gone to state that the appellant then threw Tara Chand in the courtyard along with the cot. Tara Chand tried to get up but be could not do so. The appellant started beating Tara Chand with a Danda. He (PW 2) tried to intervene but of no avail. His attempt to seek the help of other family members of the appellant also did not yield any result. 20. The manner in which PW 2 Dina Nath has conducted him is highly improbable and it renders his presence at the spot at the time of occurrence doubtful. PW 2 has admitted as under :- "(a) The entire incident took place for about 10 minutes. Five residential houses are nearby and 6-7 houses are at a distance of about 100 metres (b) I did not shout for others because (be mother of the accused was shouting and none came for help. Therefore, there was no idea for me for shouting when the people were not coming out of the house. (c) When 1 left the place, I went through the courtyard of Keshav, Chatar Singh, Nota Ram and Duni Chand etc. Therefore, there was no idea for me for shouting when the people were not coming out of the house. (c) When 1 left the place, I went through the courtyard of Keshav, Chatar Singh, Nota Ram and Duni Chand etc. I did not tell them as I was nervous. (d) Nobody met me on the way. I was called by the police next day at about 2 PM in the house of Khem. Chand accused. My statement must have been recorded at about 2.30 or 3.00 P.M. 21. It is highly unbelievable and improbable that PW 2 having witnessed a brutal attack on the deceased Tara Chand by the appellant would have remained a mute spectator and would have gone back home quietly without even informing or telling anyone on the any when he had the occasion the pass through a number of nearby houses. 22. There is yet another circumstance rendering the presence of PW 2 at the spot doubtful. When, admittedly, PW 2 had no occasion to talk and inform about the occurrence to any one, how the police came to know about his presence at the spot. PW 2 has admitted that he was summoned at the house of the appellant by the police on the next day, that it, 22.10.1993 and that his statement was recorded. In the absence of anything on the record as to how the fact of presence of PW 2 came to be known to the investigation officer, when admittedly PW 2 had not talked about the incident to-anyone, the only-inference is that he has been introduced as a witness at a subsequent stage in order to lend credence to the prosecution story. The learned trial court, to our mind, has committed an error in placing reliance on the testimony of PW2. 23. The learned trial Court has next placed reliance on the extra judicial confession alleged to have been made by the appellant in the presence of PW 1 Smt. Soma Devi, PW 3 Sant Singh, PW 4 Rajesh Kumar, one Bhadur Singh and other villagers present at the spot. 24. In order to prove the extra judicial confession, the possession has examined PW 1 Smt. Soma Dev, PW 3 Sant Singh and PW 4 Rajesh Kumar, Bhadur Singh, above named, could not be examined since he is stated to have died. 25. The Apex Court in Heramba Brahma & anr. 24. In order to prove the extra judicial confession, the possession has examined PW 1 Smt. Soma Dev, PW 3 Sant Singh and PW 4 Rajesh Kumar, Bhadur Singh, above named, could not be examined since he is stated to have died. 25. The Apex Court in Heramba Brahma & anr. v. State of Assam, AIR 1982 SC 1593 in Para 18 of the report has held that extra judicial confession to afford a piece of reliable evidence must pass the test of reproduction of exact words, the reasons or motive for confession and person selected in whom confidence is reposed. 26. In Rahim Beg v. The Slate of UP.. AIR 1973 SC 343 the Apex Court while examining the evidence as to extrajudicial confession made by the two accused therein to one Mohd. Nasim Khan, has observed:- "There was no history of previous association between the witness and the two accused as nay justify the inference that the accused could repose confidence in him. In the circumstances, it seems highly improbable that the two accused would go to Mohd. Nasim Khan and blurt out a confession." 27. The same principle was reiterated in Haramba Brahma & anr. v. State of Assam, AIR 1982 SC 1595 where an extra judicial confession was claimed to have been made by the accused therein to an under trial prisoner, who was awaiting trial for the offence of dacoity. 28. In State of Haryana v. Rajinder Singh, 1996 (8) SCC 77 where the extrajudicial confession was alleged to have been made to the father of the deceased, the Apex Court disbelieved the same since the same was shown to have been made to the father of the deceased and that too in presence of two co -villagers. It was observed that it could not be acceptable that the ac used would make a confession of & heinous crime in the presence of so many persons. 29. In the .present case as well, as pointed uot above, the extrajudicial confession is alleged to have been made by the appellant to the wife of the deceased in the presence of Sarvshri Sant Singh, Rajesh Kumar, Bahadur Singh and some other villagers present at the spot. 29. In the .present case as well, as pointed uot above, the extrajudicial confession is alleged to have been made by the appellant to the wife of the deceased in the presence of Sarvshri Sant Singh, Rajesh Kumar, Bahadur Singh and some other villagers present at the spot. Relying on the ratio laid down by the apex court, it cannot be believed and accepted that the appellant would h are made the confession of a heinous crime in the presence of so many persons. Besides, there is nothing on the record to show as to what were the reasons or the motive for making such a confession. There is also nothing on the record to show that the appellant could have reposed confidence in the persons before whom the confession is alleged to have been made. 30. Even otherwise, the evidence with regard to the making of extrajudicial confession by the appellant is doubtful. PW 3 Sant Ram, Pradhan. of the Gram Panchayat, during the course of cross- examination has stated :- "AH the villagers of Pram except few gathered on the spot. Accused had revealed at that time he dragged Tara Chand along with the cot and threw him from the cot. Accused had responded on the inquiry of wife of the deceased. But when I asked him later on the denied this fact. I had enquired from him after about 20 minutes. At that time there was no other person because I took him aside." 31. Similarly, PW 4 Rajesh Kumar did not disclose to the police about the extrajudicial confession having been made by the police either at the time of reporting the incident to the police or till 25.10.1995, when admittedly he was with the police right from the night of 21.10.1995. There is also no explanation as to why the statement of PW Rajesh Kumar could not be recorded till 25.10.1995, though available to the police right from the night of 21.10.1995. 32. DW3, Om Chand. whose presence at the spot has been admitted by . PW 4 Rajesh Kumar, has categorically denied the making of the extrajudicial confession by the appellant 33. The very making of the extrajudicial confession by the appellant being doubtful, the learned trial court has committed an error in placing reliance thereon. 34. 32. DW3, Om Chand. whose presence at the spot has been admitted by . PW 4 Rajesh Kumar, has categorically denied the making of the extrajudicial confession by the appellant 33. The very making of the extrajudicial confession by the appellant being doubtful, the learned trial court has committed an error in placing reliance thereon. 34. Danda, Ex.P.8, shoes of the .deceased, Ex.P. l and Danda Ex.P.7 are alleged to have been recovered from the cowshed of the appellant and the room of the appellant and the room of the appellants mother in pursuance of the disclosure statement Ex.PH alleged to have been made by the appellant on 25.10.1995. 35. Admittedly, the appellant was arrested on 22.10.1995 and was in police custody. The alleged disclosure statement alleged to have been made on 25.10.1995, thus as per the prosecution own case, was made on the fourth day of the arrest During this period the appellant must have been subjected to prolonged interrogation. It is well settled that a disclosure statement made as a result of prolonged interrogation cannot be said to have been voluntarily made 36. Besides, the articles recovered cannot be said to have been discovered within the meaning of section 27, Evidence Act. These articles were not recovered from any hidden place. There is nothing on the record to show that in the normal course of investigation and search of the house/cattle shed of the appellant, the investigation officer could not have recovered the same without the appellant making a statement of pointing them out. No attempt appears to have been made by the investigation officer to effect the necessary search of the house/cattle shed of the appellant. The High Court of Allahabad in Amin & anr.v. The State, AIR 1958 Allahabad 293, has observed that it has become the normal device of the investigation agency to turn an ordinary recovery into a discover in order to utilize the provisions of section 27 of the Indian Evidence Act against an accused person. 37. Pillow cover, Ex.F.5, bed sheet, Ex.P.6, and the clothes (Pant and shirt) of the deceased were found to be stained with human blood of group B vide Chemical Report Ex.PW 11/B. 38. PW 12, ASI Ranjit Singh, the Investigating Officer, has deposed that pillow cover, Ex.P.5 and bed sheet, Ex.P.6, were taken into possession by him from the courtyard of the appellant. PW 12, ASI Ranjit Singh, the Investigating Officer, has deposed that pillow cover, Ex.P.5 and bed sheet, Ex.P.6, were taken into possession by him from the courtyard of the appellant. In the statement recorded under section 313, Code of Criminal Procedure, the appellant has denied the recovery of these articles from his courtyard. No evidence has come on the record to show that these articles belong to the appellant. During his examination under section 313, Code of Criminal Procedure, no question was put to the appellant that article, Ex.P.5 and P.6" belonged to him. Therefore, these articles cannot be said to be belonging to the appellants. The learned trial court has erred in holding to the contrary. Therefore, even if it be assumed that Exs.P.5 and P.6 had the blood stains of the same blood group as that of the deceased, it cannot be said that the appellant was in any way connected with the commission of the offence. . , 39.. The conduct of the appellant in informing the villagers as well as his superior officer DW 1 Bhup Singh regarding the presence of the body of the deceased near his cattle shed indicates his innocence. It was DW 1 who in turn got the information sent to PW 1, Smt. Soma Devi, through PW Rajesh Kumar. It was DW 1 who had informed PW 3 Sant Singh, Pradhan of the Gram Panchayat. 40. Considering the entire evidence in its totality, the only irresistible conclusion is that the prosecution has not been able to bring home the offence against the appellant 41. Resultantly, the appeal is allowed. The conviction and sentence imposed upon the appellant by the learned trial court are set aside and he is acquitted of the offence. 42. The appellant, who is in custody, shall be released forthwith, if not required in any other case. The amount of fine, if already paid, shall be refunded to him forthwith. -