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2002 DIGILAW 842 (PNJ)

Krishna v. State Of Punjab

2002-08-25

HEMANT GUPTA, R.L.ANAND

body2002
Judgment 1. Smt. Krishna, widow of Shri Raghubir Nath, Caste Bawa; resident of village Gorakhpur, Police Station Nawanshahar, has filed the present criminal appeal and it has been directed against the judgment and order dated 24.9.1996 passed by the Court of Additional Sessions Judge, Jalandhar, who convicted the appellant under Section 302 of the Indian Penal Code and sentenced her to undergo life imprisonment and to pay a fine of Rs. 2000/- or in default of payment of fine she was further directed to undergo rigorous imprisonment for three years. She was further sentenced to undergo rigorous imprisonment for a period of three years under Section 201 of the Indian Penal Code for concealing the dead-body of Golu and the trial Court further declared that both the substantive sentences shall run concurrently. 2. Smt. Krishna and her son Ashok Nath (since acquitted vide the impugned judgment) were charge-sheeted with the allegations that on 17th June, 1995 in the area of village Gorakhpur, in furtherance of their common intention, which was to commit the murder of Golu son of Bali Ram Bawa, resident of village Gorakhpur, aged about 1-3/4 years, did commit the murder by intentionally causing his death and thereby they committed an offence punishable under Section 302/34 IPC. Secondly, on the same day, time, and place and in furtherance of their common intention caused disappearance of the evidence regarding the murder of Golu by concealing his dead-body with intention to screen themselves from legal punishment and thereby they committed an offence punishable under Section 201/34 of the Indian Penal Code. 3. Shri Sewa Ram (Ex-Sarpanch) son of Gurdas Ram, who is the grand-father of Golu, gave statement Ex. PE before ASI Bahadur Singh on 21.6.1995 by inter alia stating that he is a resident of village Gorakhpur and works as a labourer. He has four sons and three daughters. His son Bali Ram who is married has two sons aged 3-1/2 years and 1-3/4 years. The same of the younger son is Golu (deceased), on 17.6.1995 at about 5.00 P.M. elder son Vicky reached Haveli, but younger son Golu did not reach there. On this, he along with his elder grandson Vicky searched for Golu at home, but he was not available there. The same of the younger son is Golu (deceased), on 17.6.1995 at about 5.00 P.M. elder son Vicky reached Haveli, but younger son Golu did not reach there. On this, he along with his elder grandson Vicky searched for Golu at home, but he was not available there. Thereafter, his family members searched for Golu at the temple of Baba Chhinda where Baba Ashok Nath was performing a Jagrata, but Golu was not available there. It is alleged by the complainant that he and his family members had been searched for Golu in the wells, ponds etc. near the village. On 21.6.1995 when they were searching for him in the houses and havelies of the village, they found the dead-body of Golu in a swollen condition and foul smell was emitting from a room meant for wheat thrash in the Haveli of Dharam Pal alias Pali son of Tarsem Lal, which adjoins to the temple. He left his son Jarnail and his brother Mewa Ram at the spot in order to guard the dead-body. It is further stated by the complainant that his grandson Golu has been killed by Smt. Krishna wife of Raghbir and her son Ashok Nath who is the Head Sewadar of the Temple and are known for witchcraft and they had concealed the dead-body in a room meant for wheat thrash of the Haveli. His statement Ex. PE was read over and explained to Sewa Ram complainant who signed the same in Punjabi in token of correctness on 21.6.1995 and it was attested by ASI Bahadur Singh. Thereafter, the Thanedar made endorsement Ex. PE/1 underneath the said statement at 12.30 P.M. on 21.6.1995 at it was sent to Police Station Nawanshahar for registration of the case under Section 302/201/34 IPC, on the basis of which FIR No. 32 (Ex. PC) was recorded vide DD Nos. 11/12 at 1 or 1.35 P.M. by S.I. Amarjit Singh. The special report of this case reached the area Magistrate at 4.00 P.M. 4. ASI Bahadur Singh P.W.8, who on 21.6.1995 was present along with the police party in the outskirts of village Jethu Majra, recorded the statement (Ex. PE) of the complainant, Shri Sewa Ram. After making endorsement Ex. PE/1, it was sent to Police Station Nawanshahar for registration of the case. ASI Bahadur Singh P.W.8, who on 21.6.1995 was present along with the police party in the outskirts of village Jethu Majra, recorded the statement (Ex. PE) of the complainant, Shri Sewa Ram. After making endorsement Ex. PE/1, it was sent to Police Station Nawanshahar for registration of the case. Thereafter, he rushed to the spot and found the dead-body of Golu lying in the wheat-husk in the husk-room of Pali alias Dharampal. The Thanedar prepared the inquest report Ex. PD of the dead-body in the presence of Shri Jarnail Singh and Mewa Ram of the same village. He then sent the dead-body for post-mortem examination along with letter of request Ex. Pb. under the supervision of H.C. Sangara Singh and Jagtar Singh. He prepared rough site plan Ex. PB of the place of the recovery of the dead-body. After the post-mortem examination the clothes of deceased i.e. one vest and one nikkar were produced before him in a sealed parcel and it was taken into possession vide recovery memo Ex. PJ. 5. While the Thanedar was still busy in the investigation. Inspector Kuldip Singh came at the spot and he took over investigation from ASI Bahadur Singh. On 22.6.1995, Inspector Kuldip Singh associated Madan Lal of village Jethu Majra and his statement was recorded. On the same day, Jaswant Singh Sarpanch of village Jethu Majra produced before Inspector Kuldip Singh appellant Smt. Krishna. The statement of Smt. Krishna under Section 161 Cr.P.C. was recorded. Smt. Krishna was interrogated and she suffered a disclosure statement Ex. PW7/A to the effect that she along with her son Ashok Nath accused (since acquitted) picked up Golu from the road, strangulated him and concealed the dead-body in the cattle shed of Dharam Pal alias Pali son of Tarsem Lal in the Toori Wala Kotha and this fact was only known to her and she could point out the place. The statement Ex. PW7/A was recorded by Inspector Kuldip Singh, which was read over and explained to Smt. Krishna who thumb- marked the same in token of its correctness and it was attested by Bahadur Singh ASI and Nirmal Kumar, Chowkidar. In pursuance of the above statement, the appellant led the police party to the place mentioned above from where the dead-body of Golu was earlier recovered. 6. In pursuance of the above statement, the appellant led the police party to the place mentioned above from where the dead-body of Golu was earlier recovered. 6. The case of the prosecution further proceeds that before her arrest, Smt. Krishna and her son allegedly suffered and extra judicial confession before Shri Jaswant Singh PW-3 to the effect that in order to appease the evil spirit they had killed Golu and thereafter they threw his dead-body in the cattle shed of Dharam Pal. 7. Dr. Dilbag Singh P.W.1 concluded the post-mortem examination on the dead-body of Golu on 21.6.1995 at about 4.00 P.M. and found the following injuries as under as detailed in the post-mortem report copy Ex. PA :- It was a dead-body of dead male child having unpleasant smell covered with hay and straw all over wearing vest and nikkar. Face was darker as compared to the other parts of the body. Eyes were absented. Abdomen was distended. Limbs were swollen. Rigor mortis was absent. Skin was easily pealed off. Nails could easily be removed. Hair was easily pulled out. Scrotum distended. Maggots were present only in the anal region. Details of injuries : 1. There was wound 4x2 cm on the right side of neck lateral to midline. On dissection, tracheal rings on its anterior surface above the sternal notch were fractured and trachea was congested. 2. Skin on the chest was easily pealed off. On dissection there was fracture 2nd and 3rd ribs on the left side of the chest and second third and fourth ribs on the right side. Sternum was fractured at the manubrium sterni. Right side of chest contained dark coloured fluid. Membranes of brain were congested. Brain was turned into a grayish pulpy material. Right lung and left lungs putrefied into a small blackish mass. Heart was congested and both the chambers were empty. Abdomen was already described peritoneum, mouth, pharynx, esophagus, were congested. Stomach was partly putrefied and empty. Small intestines was distended with unpleasant gas. Large intestines was distended with four smelling gases. Liver, spleen, kidney, bladder putrefied and bladder was empty. Both the injuries on the person of Golu deceased were found to be antimortem in nature. The death of Golu deceased was opined to be due to asphyxia as a result of injuries 1 and 2 which were sufficient to cause death in the ordinary course of nature. 8. Liver, spleen, kidney, bladder putrefied and bladder was empty. Both the injuries on the person of Golu deceased were found to be antimortem in nature. The death of Golu deceased was opined to be due to asphyxia as a result of injuries 1 and 2 which were sufficient to cause death in the ordinary course of nature. 8. On 7.7.1995, ASI Bahadur Singh PW-8 was again entrusted with the investigation of this case. On that day, Ashok Nath accused (since acquitted) surrendered himself in Court from where he was formally arrested. He was also interrogated by ASI Bahadur Singh in the presence of H.C. Shangara Singh and Constable Mohan Single and, on interrogation, Ashok Nath suffered a disclosure statement to the effect that he and his mother Krishna had picked up Golu deceased outside the Haveli of Dharampal alias Pali and had throttled him to death and had concealed the dead-body in the heap of wheat husk in the husk room of Dharam Pat alias Pali and he could point out that place. His statement Ex. PK was recorded and attested by H.C. Shangara Singh and Mohan Singh. Thereafter, Ashok Nath led the police party and pointed out that place and memo Ex. PL was prepared in this regard by ASI Bahadur Singh. 9. On the completion of the investigation of the case, the appellant and her son were challaned in the Court of llaqa Magistrate who supplied copies of documents to the accused as required under the law and vide commitment order dated 27th October, 1995, committed them to the Court of Session in order to face the trial. On 23rd November, 1995 the Court of Additional Sessions Judge, Jalandhar, framed charges under Section 302/201/34 IPC against the appellant and her son. The charges were read over and explained to the accused to which they pleaded not guilty and claimed a trial. 10. In order to prove the charges, the prosecution examined P.W.1 Dr. Dilbagh Singh who conducted the post mortem examination on the dead-body of Golu on 21.6.1995 at about 4 P.M. The observation of the doctor has already been mentioned by us in the earlier portion of this judgment. In the opinion of the doctor, the cause of death was due to asphyxia as a result of injury Nos. Dilbagh Singh who conducted the post mortem examination on the dead-body of Golu on 21.6.1995 at about 4 P.M. The observation of the doctor has already been mentioned by us in the earlier portion of this judgment. In the opinion of the doctor, the cause of death was due to asphyxia as a result of injury Nos. 1 and 2 which was sufficient to cause death in the ordinary course of nature and were anti-mortem in nature. As per the opinion of the doctor, the probable time that elapsed between the injury and death was instantaneous and between death and post-mortem was within 2 to 5 days. Ex. PA is the correct copy of the post-mortem report and Ex. PA/I is the pictorial diagram. The post-mortem was conducted on the basis of the police request Ex. PB. Ex. PC is the copy of the FIR and inquest report is Ex. PD and statement of Shri Sewa Ram Ex. PE who also accompained the dead-body at the time of the post-mortem examination. 11. P.W.2 is Shri Sewa Ram, complainant in this case. P.W.3 is Shri Jaswant Singh before whom the appellant and her son allegedly suffered the extra-judicial confession. P.W.4 is Shri Madan Lal Sharda who on 15.7.1995 visited the place of occurrence and prepared scaled map Ex. PF at the instance of Sewa Ram PW. H.C. Jaspal Singh PW5 gave his statement on affidavit Ex. PG. PW6 is S.I. Parsa Singh who simply submitted the challan under Section 173 of the Code of Criminal Procedure. PW-7 is Kuldip Singh Inspector who partly investigated this case and interrogated Smt. Krishna and recorded her disclosure statement. P.W.7-A is H.C. Shangara Singh who gave his statement on affidavit as PW-8/A. PW-8 is ASI Bahadur Singh who recorded statement Ex. PE of Shri Sewa Ram and he was the person who initially investigated the case. This gentleman also on 7.7.1995 arrested Ashok Nath accused (since acquitted) and he recorded his disclosure statement etc. The prosecution gave up Mewa Ram, Jamail Singh, Sukhdev Raj and H.C. Amarjeet Singh as unnecessary. The material witness Shri Madan Lal, who, according to the police, allegedly last saw the deceased in the company of the accused, was given up as having been won over by the accused. Similarly, Nirmal Kumar PW was also given up on the plea that he too has been won over by the accused. 12. The material witness Shri Madan Lal, who, according to the police, allegedly last saw the deceased in the company of the accused, was given up as having been won over by the accused. Similarly, Nirmal Kumar PW was also given up on the plea that he too has been won over by the accused. 12. Statements of the accused were recorded under Section 313 Cr.P.C. and all the incriminating circumstances appearing in the prosecution evidence were put to the accused. The stand taken up by Smt. Krishna was as follows : "It is a false and fabricated case. Due to enmity with Dharam Pal alias Pali and his brother who were sore and inimical towards us and when he could not succeed to the Gaddi of Baba Chandi Mandir after the death of my husband Raghbir, Dharam Pal alias Pali and his brother wanted to grab the Gaddi of Baba Chandi Mandir but the Sangat gathered at the occasion and installed my son Ashok Nath as Gaddi Nashin. Dharam Pal alias Pali who is real brother of my deceased husband and became inimical and got me and my son falsely implicated in this case. It was further stated by her as under : "I am innocent. I was arrested by the police on 21.6.1995. I do not know any Jaswant Singh nor did I ever go to him for making any alleged confessional statement nor he produced me before the police. 13. We need not to incorporate the plea of Ashok Nath since he has been acquitted. When called upon to enter the defence, the accused placed on record Ex. DA/1 copy of the Jamabandi. 14. The learned trial Court vide impugned judgment convicted and sentenced the appellant Smt. Krishna in the manner as stated above and aggrieved by the conviction and sentence, the present appeal. 15. We have heard Shri Yogesh Goel Advocate on behalf of the appellant and Shri. S.S. Randhawa, the learned Deputy Advocate General, on behalf of the respondent State and with their assistance, have gone through the record of the case. 16. It is a case of circumstantial evidence and the position of law as well settled. 15. We have heard Shri Yogesh Goel Advocate on behalf of the appellant and Shri. S.S. Randhawa, the learned Deputy Advocate General, on behalf of the respondent State and with their assistance, have gone through the record of the case. 16. It is a case of circumstantial evidence and the position of law as well settled. In such like cases, it is obligatory on the part of the prosecution firstly to prove each fact independently on which the reliance is to be placed and then all facts so proved, must lead to irresistible and unerring conclusion that it was the accused who committed the offence. The learned trial Court has relied upon the statement of Jaswant Singh PW-3 for recording the conviction against Smt. Krishna. So, in these circumstances, we will have to reappreciate and re-evaluate the evidence of Shri Jaswant Singh in order to find out whether it can be acted upon or not. 17. So far as the law on the extra-judicial confession is concerned, it is well established that extra judicial confession is inherently a weak type of evidence and it should not be acted upon unless and until the Courts come to the conclusion that it is otherwise reliable of believable. It is the case of the prosecution that Golu deceased came out from house on 17th June, 1995 in the company of his brother Vicky. The whereabouts of Golu, thus, were not known to her parents and grand-parents w.e.f. 17th June, 1995. When statement Ex. PE was given by Shri Sewa Ram PW-2, he gave his suspicion upon the appellant and her son. In these circumstances, the first anxiety of the investigating officer would be to interrogate the appellant and her son right from the day one i.e. 17th June, 1995, but strange enough, the arrest of the present appellant has been shown on 22nd June, 1995 for the obvious reason that the police wanted to do padding and it wanted to introduce a convenient witness so as to work out the crime. It is not the case of any of the investigation officers that on 17th June, 1995, the appellant and her son were not available in the temple. Now, let us examine the statement of Shri Jaswant Singh P.W.3 the witness of the extra-judicial confession. It is not the case of any of the investigation officers that on 17th June, 1995, the appellant and her son were not available in the temple. Now, let us examine the statement of Shri Jaswant Singh P.W.3 the witness of the extra-judicial confession. He says that he is the Sarpanch of the village Jethu Majra and his land is adjoining to the temple of the Chhinda of village Gorakhpur. The village Gorakhpur is at the distance of 3/4 KM from his village. It is also the case of this witness that on 22nd June, 1995 Smt. Krishna appellant came to him when he was in the fields. She told him that on 17.6.1995 she and her son Ashok Nath at about 5.00 PM came from Mandir opposite the haveli of Dhiram Pal. They saw Golu deceased standing there. Upon seeing him their intention became dishonest and they decided to sacrifice Golu so as to control Boot and Preit (evil spirit). Then Krishna appellant told him that she along with her son Ashok Nath took Golu and brought him in the Toori Wala Room of Dharampal and Ashok Nath strangulated Golu and put him under the heap of Toori. She further confessed that Golu was accordingly killed and his dead-body was concealed under the Toori heap. She further confessed that the dead-body of Golu had been recovered and the parents and grant-parents of Golu had been naming them as accused. It has been further stated by Shri Jaswant Singh that Smt. Krishna told him that as he had some acquaintance in the police, therefore, he should produce them before the police. 18. Whether this part of the statement of Shri Jaswant Singh is believable ? Firstly, this man does not belong to village Gorakhpur. He is a resident of village Jethu Majra. The offence has been committed in secrecy. The cause for making the confession before this witness was that his land is near to the temple of Chhinda of village Gorakhpur. When both the accused have committed the offence in secrecy, will they become so bold that they would make confession of their crime and that too, before Jaswant Singh on 22.6.1995, when the dead-body of the deceased was recovered on 21.6.1995 and that Smt. Krishna and her son were named as suspects by Shri Sewa Ram PW-2 the grand- father of the deceased. This is a clear padding on behalf of the investigating officer as he wanted to work out the crime. The moment this investigation was taken over the Inspector Kuldip Singh, the accused came out with the alleged confession. Had the accused wanted to confess their guilt, there was not difficulty on their part to approach on 17 or 18th June, 1995 before Shri Jaswant Singh who could have produced the accused before the police on those days. It has been admitted in the cross-examination of this witness that village Gorakhpur has its own Panch/Sarpanch/Lamberdar, Chowkidar etc. In such a situation, if the appellant wanted to confess her guilt, she could easily approach the Panch or Sarpanch or Lamberdar or the Chowkidar or any respectable of her own village. The witness also deposed that he is a Jat by caste while the accused are Bawas therefore there was hardly any possibility on the part of the Smt. Krishna or her son Ashok Nath to make a version before a person who does not even belong to their community. The trial Court has been given too much stress to acquaintance by stating that accused Smt. Krishna used to come to the fields of Jaswant Singh in order to take green fodder. In our opinion, this piece of evidence is so weak that it is not believable that Smt. Krishna and her son would go to Jaswant Singh in order to get his services for suffering the extra judicial confession. 19. The case set up by the prosecution through the statement of Shri Jaswant Singh is that this witness had some acquaintance with the police. This aspect of the case of the prosecution is also falsified when Jaswant Singh had stated that he never appeared in any case before the present one. In what connection he had been going to the police station for the work of villagers, is not even clear from the record. The plea of the accused is that they are inimical with Dharam Pal who wanted the Gaddi of that Mandir but this Gaddi was given to Ashok Nath accused. When Dharam Pal had strained relations with the accused, it is not believable that accused would go to the Toori Wala Kotha of their enemy in order to commit this offence. The plea of the accused is that they are inimical with Dharam Pal who wanted the Gaddi of that Mandir but this Gaddi was given to Ashok Nath accused. When Dharam Pal had strained relations with the accused, it is not believable that accused would go to the Toori Wala Kotha of their enemy in order to commit this offence. In such a situation, there would be every chances for the identification of the accused and her son by the family members of Dharam Pal. 20. On the contrary, the truth has come even through the mouth of Shri Jaswant Singh when he deposed that Dharam Pal alias Palli and his brothers are known to him for the last 14-15 years and they are on visiting term with him. Therefore, it cannot be ruled out that the services of Shri Jaswant Singh might have been supplied through Dharam Pal so as to become a false witness against the accused. It is the case of Jaswant Singh that his land is situated in village Gorakhpur but he has been confronted with his previous statement Ex. DA, where this fact is not so recorded. Even the conduct of Shri Jaswant Singh looks to be abnormal. It is the case of Jaswant Singh that Smt. Krishna accused came to him at about 8.30 A.M. on 22.6.1995 and she stayed with him for about 20 minutes. In such a situation, what should be the normal conduct of Shri Jaswant Singh. He should have taken Smt. Krishna to the police and produced her at about 9 or 9.30 A.M. on 22.6.1995, but the fact is that he allowed Smt. Krishna to go and he returned to his own house in order to change his clothes. It is the case of the prosecution that Smt. Krishna was produced before Inspector Kuldip Singh on 22.6.1995. The police prepared arrest memo of Smt. Krishna. The glance of the arrest memo would show that it is attested by ASI Bahadur Singh and a lady Head Constable Smt. Charan Kaur. There is no explanation with the prosecution why this arrest memo has not been attested by Shri Jaswant Singh when Smt. Krishna was actually produced by him. For this very context, now we will have to examine the statement of PW-7 Shri Kuldip Singh who admittedly arrested this accused on 22.6.1995. There is no explanation with the prosecution why this arrest memo has not been attested by Shri Jaswant Singh when Smt. Krishna was actually produced by him. For this very context, now we will have to examine the statement of PW-7 Shri Kuldip Singh who admittedly arrested this accused on 22.6.1995. The witness Shri Kuldip Singh categorically deposed that Smt. Krishna was produced by Jaswant Singh at about 2 P.M. As against this, Shri Jaswant Singh says that the police met then. at 10.00 A.M. Further, it has come in the evidence of Kuldip Singh that he prepared the memo with regard to the personal search of Smt. Krishna in the presence of ASI Bahadur Singh, PW Jaswant Singh and Nirmal Kumar Chowkidar. He did not get the attestation of Jaswant Singh on the personal search memo. Similarly, he did not get the attestation of Jaswant Singh on the disclosure statement and the Fard pointing out. It is also the case of the prosecution that after the arrest of Smt. Krishna, Inspector Kuldip Singh interrogated Smt. Krishna who allegedly suffered a disclosure statement Ex. PW7/A to the effect that she along with her son Ashok Nath picked up Golu from the road, strangulated him and concealed his dead-body in the cattle-shed of Dharam Pal son of Tarsem Lal in the Toori Wala Kotha and this fact was alone known to her and she could point out that place. In these circumstances, a heavy duty was cast upon the investigating officer Shri Kuldip Singh to get the attestation of Shri Jaswant Singh on the arrest memo as well as on the disclosure statement Ex. PW7/A. It is a different thing that the disclosure statement Ex. PW-7/A is not an admissible piece of evidence. Had there been any attestation of Shri Jaswant Singh on the search memo/arrest memo or on the disclosure statement Ex. PW-7/A, the conscious of this Court would be justified with regard to the genuineness of the extra judicial confession made by Smt. Krishna appellant and the production of this accused by Shri Jaswant Singh. Had there been any attestation of Shri Jaswant Singh on the search memo/arrest memo or on the disclosure statement Ex. PW-7/A, the conscious of this Court would be justified with regard to the genuineness of the extra judicial confession made by Smt. Krishna appellant and the production of this accused by Shri Jaswant Singh. Further, it has been stated by P.W.7 that he took the remand of Smt. Krishna but he did not make any mention regarding production of Smt. Krishna by Jaswant Singh nor did he make any mention in the application for remand with regard to the alleged extra judicial confession suffered by Smt. Krishna before Shri Jaswant Singh. This vital omission goes to the root of the prosecution case because these are the various checks on which the Courts always rely in order to see whether the investigation is honest or tainted one. Rather the remand papers show that the remand of Smt. Krishna was taken on the plea that evidence regarding motive had to be collected in the case. In this case, the motive was well evident as it is the case of the prosecution that the accused wanted to appease the evil spirit by giving sacrifice of the deceased. Even after taking the remand, the investigation officer Shri Kuldip Singh did not examine any witness regarding motive from village Gorakhpur which has a population of 1500/2000. 21. On the contrary, it is the case of the accused that Smt. Krishna was taken into custody by the police on 21st June, 1995 and the story regarding production of Smt. Krishna and making extra judicial confession before Shri Jaswant Singh is fabricated and cooked up affairs. The moment the evidence of Shri Jaswant Singh is declared useless and unreliable and suffers from infirmity, as pointed out by us, then no other incriminating circumstance is left against the appellant. The learned trial Court has, given to much importance to the two disclosure statements - one suffered by Smt. Krishna and the other suffered by her son Ashok Nath. The lower Court gave reasons in the impugned judgment that Smt. Krishna has confessed in her disclosure statement Ex. The learned trial Court has, given to much importance to the two disclosure statements - one suffered by Smt. Krishna and the other suffered by her son Ashok Nath. The lower Court gave reasons in the impugned judgment that Smt. Krishna has confessed in her disclosure statement Ex. PW-7/A regarding her involvement and the involvement of her son when it is stated by her that they were responsible for the murder of Golu and they killed him by strangulation and, thereafter, concealed the dead-body of Golu in the cattle shed of Dharam Pal. Firstly, Kuldip Singh PW7 is telling a lie when he deposed before the trial Court that in pursuance of the above statement, Smt. Krishna led the police party to the place mentioned by her and got recovered the dead-body of Golu vide recovery memo Ex. PW-7/B which was attested by ASI Bahadur Singh and Nirmal Kumar Chowkidar. It is not the case of the prosecution that the dead-body of Golu was recovered on 22.6.1995. Even the reading of memo Ex. PW-7/B does not show that discovery of the dead-body was effected in pursuance of any disclosure statement. In fact, this is a memo of Nishan Dehi without any discovery. Ex. PW-7/A is the disclosure statement suffered by Smt. Krishna in the presence of ASI Bahadur Singh, Nirmal Kumar Chowkidar and Inspector Kuldip Singh. Similarly when Shri Ashok Nath was arrested on 9th July, 1995 by Shri Bahadur Singh, he suffered a disclosure statement Ex. PK and on the basis of that disclosure statement, he took the police party and gave Nishan Dehi vide memo Ex. PL. Thus, the memo Ex. PL and the memo Ex. PW-7/B do not advance the case of the prosecution. 22. Section 25 of the Evidence Act, lays down that no confession made to a police officer shall be proved as against a person accused of any offence. Section 27 which is an exception to Section 25 further lays down, provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amount to confession or not, as relates distinctly to the fact thereby discovered, may be proved. Thus, the reading of Section 27 would show that the first essential condition for bringing this Section into operation is the discovery of the fact albeit, the relevant fact in consequence of the information given by a person accused of an offence. The second is that the discovery of the fact must be deposed to. The third is that the accused must be in police custody while giving the information and the last, but not the least is that only so much of information as it relates distinctly to the fact thereby discovered is admissible. In the present case, nothing has been discovered by the police in pursuance of the disclosure statement Ex. PW-7/B and Ex. PK and, therefore, these memos could not be used as admissible piece of evidence against Smt. Krishna or her son. The learned trial Court committed an offence by giving too much importance to these two memos and accepted it as evidence under Section 30 of the Evidence Act. Now, we have to examine these two disclosure statements which were made before the police in the light of the provisions of Section 30 of the Evidence Act, which lays down that when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession. The reading of the above would show that the conviction of a co-accused can be used as a corroborative piece of evidence but it is not a substantive piece of evidence. Before such conviction is to be relied upon or acted upon, it has to be shown by the prosecution that this is admissible and is not hit by the provisions of Section 25 of the Evidence Act. Conviction of a co-accused is not evidence in the ordinary sense of the term as defined in Section 3 of the Evidence Act, as such no conviction can be founded thereon and it can only be used in aid of other evidence. Conviction of a co-accused is not evidence in the ordinary sense of the term as defined in Section 3 of the Evidence Act, as such no conviction can be founded thereon and it can only be used in aid of other evidence. This was the observation of the Honble Supreme Court in AIR 1952 S.C. 159, Kashmira Singh v. State and AIR 1956 S.C. 56 Nathu v. State, wherein it was observed that confession of a co-accused under Section 30 can only be taken into consideration, but it is not in itself a substantive piece of evidence. As we have stated above that the disclosure statements Ex. PW-7/A and Ex. PK are inadmissible piece of evidence and, therefore, these cannot be looked into. 23. The other aspect of the case of the prosecution was that PW Madan Lal saw the deceased and the accused together but, nevertheless, Shri Madan Lal was given up by the prosecution as having been won over by the accused. The statement of this witness under Section 161 Cr.P.C. is not a substantive piece of evidence. 24. Faced with this difficulty the learned counsel appearing on behalf of the respondent, submitted that the motive in this case is amply proved as the appellant was interested to kill the deceased in order to appease the evil spirit and that the statement of Shri Jaswant Singh the witness of extra judicial confession should be given due weight. Mr. Randhawa, the learned counsel appearing for the respondent. Submitted that Shri Jaswant Singh has no axe to grind against the accused and his land is situated near the Temple of the accused and, in all probabilities, the accused Smt. Krishna must have confessed her guilt before this witness. We are not impressed with the argument raised by the counsel for the respondent. The motive is coming from the so-called extra judicial confession allegedly made to Shri Jaswant Singh. His testimony has been discussed by us in the earlier portion of this judgment and we have declared this witness as unreliable. His conduct was abnormal. The accused had no Opportunity or occasion to come to him. The witness was not the Sarpanch of village Gorakhpur. This witness has been concocted by Inspector Kuldip Singh, perhaps with the assistance of Dharam Pal with whom the accused had the enmity regarding the Gaddi of the Mandir. His conduct was abnormal. The accused had no Opportunity or occasion to come to him. The witness was not the Sarpanch of village Gorakhpur. This witness has been concocted by Inspector Kuldip Singh, perhaps with the assistance of Dharam Pal with whom the accused had the enmity regarding the Gaddi of the Mandir. The medical evidence in this case also does not advance the case of prosecution. It only establishes that the cause of the death of the deceased was strangulation and who strangulated the deceased is a big question which has not been answered by the prosecution by leading cogent, reliable and satisfactory evidence. It has been repeatedly stated by the Honble Supreme Court and various High Courts that there is a big gap between may prove and must prove and this gap has to be crossed and bridged by the prosecution by leading reliable and satisfactory evidence and by proving such circumstance which lead to irresistible conclusion and only to one hypothesis that it was the accused who committed the offence. We are of the considered opinion that the case of the prosecution is solely based on the extra judicial confession which is a weak type of evidence and the judicial test of scrutiny declares Shri Jaswant Singh not the truthful witness. 25. Therefore, we allow the appeal of Smt. Krishna and set aside the judgment and order to conviction and sentence and acquit her of the charge/charges framed against her. Let intimation about acceptance of this appeal be sent to the Chief Judicial Magistrate, Jalandhar and to the jail authorities.