JUDGMENT : R.K. Patra, J. - The Appellant sands convicted u/s 302 of the Indian penal Code for having killed his wife Saba Dei and sentenced to undergo imprisonment for life. 2. The case of the prosecution is that on 4.4.1993 at about 7 a.m. while Saba Dei (hereinafter referred to as 'the deceased') was husking maize in her kitchen, the Appellant came with an axe and dealt blows on her neck and other parts of the body, resulting in her instantaneous death. 3. The plea of the Appellant was one of denial. 4. In order to bring home the charge against the Appellant, 10. witnesses were examined by the prosecution. P.W. 4 is the doctor who conducted autopsy over the deceased. He found the following injuries: Two incised wounds on the back of neck, one of size 3" x 2" x 2" placed obliquely and the other of size 2" x 1" x 2" placed transversely with injury of underlying muscles and 6th and 7th cervical vertebra. 2. Incised wound on the middle of the back of left fore arm 3" x 1/2" x 1/2". On dissection he found fracture of 6th and 7th cervical vertebra and lacerated spinal cord was visible against the fracture sites. According to the doctor, the injuries were sufficient in ordinary course of nature to cause death. In view of the aforesaid medical evidence we have no hesitation to hold that the death of the deceased was homicidal in nature. 5. There is no eye-witness to the occurrence. The learned Sessions Judge relying on the retracted extra-judicial confession made by the Appellant before P.W. 2 has recorded the conviction. We have perused the evidence ofP.W. 2 who has stated that on the date of occurrence at about 7 to 8 a.m. while he was coming from his field, he saw the Appellant going towards village Diska holding an axe. He asked the Appellant as to where he was going. He was in a hurry. The Appellant replied that he was going to Kashipur. Thaxe which he held was stained with blood. The Appellant told him he killed his wife. The Investigating Officer who seized the axes ant it for chemical examination, but no blood could be detected on it. He asked the Appellant as to where he was going. He was in a hurry. The Appellant replied that he was going to Kashipur. Thaxe which he held was stained with blood. The Appellant told him he killed his wife. The Investigating Officer who seized the axes ant it for chemical examination, but no blood could be detected on it. Be that as it may, P.W. 2 in his evidence has admitted that he did not disclose about the confession said to have been made by the Appellant before anyone. It is well known that a retracted extra-judicial confession is a weak piece of evidence and in absence of any sort of corroboration, no conviction can be based solely on such evidence. Corroboration which could have been found from the presence of blood on the axe, was found to be absent as per the report of the Chemical Examiner. As there is no other evidence to support the conviction, we have no hesitation to hold that the prosecution has not been able to prove its case against the Appellant beyond reasonable doubt. 6. The order of conviction and the sentence inflicted on the Appellant are hereby set aside. He be set at liberty forthwith, if his detention is not required in any other case. 7. The appeal is allowed. Final Result : Allowed