JUDGMENT : 1. Case called out in the revised list. None has appeared on behalf of the appellant to press this appeal even though learned AGA is present. 2. Record shows that this appeal is of the year 1985 and Karan Bahadur, sole appellant in this appeal is on bail since 17.02.1988. 3. Record further shows that when this appeal was called out on 10.7.2007, none had appeared on behalf of the appellant to press this appeal. We passed an order issuing non-bailable warrant against the appellant. But the non-bailable warrant issued against the appellant pursuant to our order dated 10.7.2007 through Chief Judicial Magistrate, Agra could not be executed against him as he was not found residing at the address mentioned in the memo of appeal. Consequently, on 7.9.2007, we passed an order directing Chief Judicial Magistrate, Agra to proceed against the sureties of the appellant Karan Bahadur. However, Chief Judicial Magistrate, Agra vide his report dated 29.10.2007 has informed that he could not proceed against the sureties as bail bonds furnished by the sureties of the appellant at the time of his being released on bail pursuant to the order of this Court dated 7.9.2007 could not be traced out. 4. In view of the above, it is apparent that neither the appellant nor his counsel are interested in the disposal of this appeal. Since, neither the address of the appellant is available nor the bonds furnished by his sureties are traceable, there is no likelihood of the accused being arrested and produced before this Court and no useful purpose will be served by directing Chief Judicial Magistrate, Agra to take further steps for tracing out the accused and producing him before us. It is obvious that the appellant has abused the liberty of bail. 5. Faced with the aforesaid contingency, the question which arises before us is that whether we are bound to adjourn the hearing of this appeal in the absence of both the appellant and his counsel and wait perennially for the appellant to be traced out, if at all, and produced before this Court. 5. Faced with the aforesaid contingency, the question which arises before us is that whether we are bound to adjourn the hearing of this appeal in the absence of both the appellant and his counsel and wait perennially for the appellant to be traced out, if at all, and produced before this Court. Under identical circumstances, the Apex Court after a comprehensive analysis of previous decisions on the issue has distilled the legal position into six propositions in paragraph 19 of its judgment delivered in the case of K.S. Panduranga v. State of Karnataka (2013) 3 SCC 721 : 19.1 That the High Court cannot dismiss an appeal for non-prosecution simpliciter without examining the merits; 19.2 That the Court is not bound to adjourn the matter if both the appellant or his counsel/lawyer are absent; 19.3 That the court may, as a matter of prudence or indulgence, adjourn the matter but it is not bound to do so;" 19.4 That it can dispose of the appeal after perusing the record and judgment of the trial court; 19.5 That if the accused is in jail and cannot, on his own, come to court, it would be advisable to adjourn the case and fix another date to facilitate the appearance of the appellant-accused if his lawyer is not present, and if the lawyer is absent and the court deems it appropriate to appoint a lawyer at the State expense to assist it, nothing in law would preclude the court from doing so; and 19.6 That if the case is decided on merits in the absence of the appellant, the higher court can remedy the situation. 6. Thus, in view of the legal position propounded by the Apex Court in the case of K.S. Panduranga (Supra), we do not find any good reason to adjourn the hearing of this appeal suo motu in the absence of the appellant or his counsel and we proceed to examine this appeal on merits with the aid of learned A.G.A. for the State. 1. This criminal appeal has been preferred by the appellant Karan Bahadur against the judgment and order dated 26.10.1985 passed by IIIrd Additional Sessions Judge, Agra in Sessions Trial No. 163 of 1984 by which he has convicted and sentenced the appellant for imprisonment of life under Section 302 IPC and 6 months simple imprisonment under Section 309 IPC. 1. This criminal appeal has been preferred by the appellant Karan Bahadur against the judgment and order dated 26.10.1985 passed by IIIrd Additional Sessions Judge, Agra in Sessions Trial No. 163 of 1984 by which he has convicted and sentenced the appellant for imprisonment of life under Section 302 IPC and 6 months simple imprisonment under Section 309 IPC. Both the sentences were directed to run concurrently. 2. Briefly stated the facts of this case are that accused-appellant Karan Bahadur who was an employee of Tamil Nadu Matoor Dam Power Office and residing at the relevant point of time at Bajang, Post Office Jhulaghat, District Pithoragrah, while travelling from Tamil Nadu by train along with his wife was harassed by some bad elements who had misbehaved with his wife. However, with the help of few military men and one sikh gentleman, his co-passengers, he got down from the train at Agra Cantt. Railway Station and they hired a rickshaw for him and his wife for taking them to the bus stand. However, when he reached the bus stand, he found that the bus for Tanakpur had already left. Under these circumstances, he came to Hotel Prabhat situated in Chakkipat, Agra by the same rickshaw and took on rent room no. 4 in that hotel on 10.12.1983 at 12:30 P.M. His wife allegedly fell ill in the evening, on which he sought assistant from the manager who sent a waiter namely Bharat Singh to his room. Bharat Singh took his wife for treatment to the clinic of Dr. Singhal who after examining her, prescribed some medicines. He took his tea and dinner in the night. He came down from the stairs in an injured state shouting and requesting the Manager of the Hotel, Ranjit Kundu to open the door of the hotel, so that he may go to police station and lodge the report of the incident which had taken place in the intervening night 10/11.12.1983 at about 11:30 P.M. He then told the Manager Ranjeet Kundu and Waiter Bharat Singh that while he and his wife Kalamani were coming by train, few miscreants had misbehaved with his wife. However, some co-passengers including four military men and one sikh gentleman who had introduced himself as an Inspector of C.I.D. posted at Bombay, came to his rescue and helped him and his wife in getting down at Agra Cantt. However, some co-passengers including four military men and one sikh gentleman who had introduced himself as an Inspector of C.I.D. posted at Bombay, came to his rescue and helped him and his wife in getting down at Agra Cantt. Railway Station and arranged a rickshaw for him and his wife to go to the bus stand. When he reached Agra Cantt. Bus Stand, he found that the bus for Tanakpur had already left, he then requested the rickshaw puller to take him and his wife to some hotel on which the rickshaw puller brought them to Prabhat Hotel. At about 11:30 P.M., he felt that the miscreants who had misbehaved with his wife were outside his hotel room threatening to kidnap his wife whom they referred to his daughter or his sister. On imaging their presence in the hotel, he got sacred and thought that if the miscreants succeeded in taking away his wife then there will be no point in his living in the world and if he killed himself then God only knew what would happen to his wife. On account of the aforesaid apprehension, he decided to first kill his wife and then kill himself. Inspired by the aforesaid thoughts, he stabbed his wife in her stomach by a Khukhari who died instantaneously. Thereafter, he stabbed himself with the same Khukhari. However, when he did not die, then he in a fit anger, dealt a Khukhari blow on his leg and thereafter, he became unconscious. When he regained consciousness, he came down and called the Manager of the hotel and narrated the whole story to him who called the owner of the hotel. Accused-appellant Karan Bahadur narrated the same story to the owner of the hotel also who then went to the police station and gave a written report of the incident Ext. Ka1 which was scribed by his son Ajay Kumar Gupta containing the facts narrated by the accused-appellant to the owner and the Manager of the Hotel. On the basis of the aforesaid written report Ext. Ka1, chek FIR and relevant G.D. entry were prepared at P. S. Rakabganj. The investigation of the case was taken over by S.S.I. Prem Singh of P. S. Rakabganj who reached the hotel, recorded the statement of witnesses, prepared site plan Ext. Ka13, conducted inquest and prepared inquest report Ext. Ka2, challan lash Ext. Ka10, photo lash Ext. Ka1, chek FIR and relevant G.D. entry were prepared at P. S. Rakabganj. The investigation of the case was taken over by S.S.I. Prem Singh of P. S. Rakabganj who reached the hotel, recorded the statement of witnesses, prepared site plan Ext. Ka13, conducted inquest and prepared inquest report Ext. Ka2, challan lash Ext. Ka10, photo lash Ext. Ka11 and letter addressed to C.M.O. Ext. Ka12. Thereafter, the dead body of the deceased Kalamani was sealed and dispatched for conducting postmortem. He also seized the bloodstained bed sheets and prepared the recovery memo. He also took in his possession a Khukhari Material Ext. Ka3 which was found lying on the bed with stains of blood. The memo of all the aforesaid articles was prepared vide Ext. Ka4. The belongings of the accused-appellant and his money lying in the hotel room in which he was staying were also taken into possession and memo of the same was prepared by S.I. Prasanna Madhav Chaudhari, Ext. Ka3. The belongings of the accused-appellant comprised of Rs. 4000/- cash, one pair of gold rings weighing about 4 aanas, a pair of todian of silver weighing about 5 tolas and a pair of bangles made of lead weighing about 400 grams. All the seized articles were deposited in the malkhana. The bed sheets material Ext. Ka1 and Ext. Ka 2 and Khukhari material Ext. Ka3 were sent to the forensic lab for chemical examination. The report of the chemical examiner is on record as Ext. Ka15. The injuries of the injured were also got examined by the doctor. The postmortem report of the deceased Kalamani was brought on record as Ext. Ka5 and injury report of accused-appellant Karan Bahadur is Ext. Ka6. After completion of investigation, the Investigating Officer submitted chargesheet Ext. Ka14 against the accused-appellant Karan Bahadur under Section 304/309 IPC. The magistrate after taking cognizance on the charge-sheet, committed the case for trial of the accused to the Court of Sessions Judge, Agra where it was numbered as S.T. No. 163 of 1984 and made over from there for trial to the Court of IIIrd Additional Sessions Judge, Agra who on the basis of the material collected during investigation and after affording opportunity of hearing to the prosecution as well as the accused, framed charge under Sections 304 and 309 IPC on 12.06.1984. However, the charge was amended from Section 304 IPC to Section 302 IPC. The accused abjured the charge and claimed trial. 3. The prosecution in order to prove it's case examined as many as 6 witnesses of whom P. W. 1 Jai Narain Gupta, P. W. 2 Ranjit Kundu and P. W. 4 Bharat Singh were examined as witnesses of fact while P. W. 3 Dr. A.K. Jain, P. W. 5 Head Moharrir Girwar Singh and P. W. 6 Prem Singh were examined as formal witnesses. 4. P. W. 5 Head Moharrir Girwar Singh of P. S. Rakabganj proved the chek FIR, Ext. Ka7 prepared on the basis of the written report, Ext. Ka1., G.D. Entry no. 76 recorded at 23:30 hours on 10.12.1983, Ext. Ka8 by which Case Crime No. 750 of 1983, under Section 304 IPC was registered against the accused. He has further stated that in the night of 11.12.1983 at 1:35 A.M., the accused was brought to the police station after being arrested. Thereafter, he was sent to the hospital for medical examination. The aforesaid fact was recorded vide G.D. Entry no. 5 dated 11.12.1983, Ext. Ka9. 5. P. W. 3 Dr. A.K. Jain who had conducted the autopsy on the dead body of the deceased Smt. Kalamani, wife of the accused-appellant Karan Bahadur. P. W. 3 Dr. A.K. Jain found following ante-mortem injury on the dead body of the deceased Kalamani : "Stab wound 1" x 1/4" x abdomen cavity deep on the front of abdomen right side 1/4" outer to umblicus on right side at 9 O'clock position. Margins are clean cut, direction of wound depth is inwards and downwards and direction of the wound on the abdomen is obliquely transverse, cause of death due to shock and haemorrhage as a result of the antemortem injury. He proved the postmortem report Ext. Ka5. According to the doctor, the injury can be caused by a sharp edge weapon. The time of death of the deceased at 11:15 PM." On the same day at 1:45 A.M., he examined the accused-appellant Karan Bahadur, who was brought by the constables Madhav Prasad and Badam Singh of P.S. Rakabganj. He proved the postmortem report Ext. Ka5. According to the doctor, the injury can be caused by a sharp edge weapon. The time of death of the deceased at 11:15 PM." On the same day at 1:45 A.M., he examined the accused-appellant Karan Bahadur, who was brought by the constables Madhav Prasad and Badam Singh of P.S. Rakabganj. He found following injuries on his body : (ii) stab wound 1.5 cm x 0.5 cm x probing not done for depth due to surgical regions, on the front of abdomen right side 7.5 cm above the umbilicus at 11 O'clock position. Obliquely transverse. Outer end is acute and inner end is contused. Margins are clean cut. Fresh clotted blood which bleeds on moping seen in wound gap. (ii) Multiple linear abrasions in area 28 cm x 13 cm on the front of abdomen both side crossing mid line, more on right side. A part of abrasion extending on the front of right side chest 5 cm below right nipple. They are scattered in all directions. Biggest is 25 cm long and smallest is 2 cm long. Red colour seen over them. (iii) Incised wound 7 cm x 1.5 cm x muscles deep on the outer aspect and front of light leg 11 cm above the ankle. Both ankles are acute. Obliquely transverse. Margins are clean cut fresh clotted blood which bleed on moping seen in wound gap. The injury no. 1 was kept under observation for which X-ray was advised and rest of the injuries were opined to be simple in nature. Stab wound according to him was caused by some hard pointed sharp edged object, liner abrasions by friction of some hard point object and incised wound was caused by some sharp edged object. The duration of all the injuries was fresh. The doctor proved his injury report as Ext. Ka6 and he opined that all these injuries could be caused by sharp edged and pointed Khukhari. Linear abrasion could not be caused by falling. Injury no. 3 could be self inflicted, if the person had capacity to bear immense pain. 6. The accused-appellant Karan Bahadur in his statement under Section 313 Cr.P.C., took the defence that his wife had Rs. 5000/- cash and ornaments of gold weighing 2 (½) tolas. Linear abrasion could not be caused by falling. Injury no. 3 could be self inflicted, if the person had capacity to bear immense pain. 6. The accused-appellant Karan Bahadur in his statement under Section 313 Cr.P.C., took the defence that his wife had Rs. 5000/- cash and ornaments of gold weighing 2 (½) tolas. The employees of the hotel with intention to rob his wife, her money and ornaments had murdered her and also beaten him. The waiter had stabbed him in his stomach and locked him in the bathroom and thereafter, the hotel employees and the hotel owner had falsely implicated him and handed him over to the police. He was in government service of Tamil Nadu from where he had come on two months leave. 7. Learned 3rd Additional Sessions Judge after considering the submissions advanced before him by the learned counsel for the parties and scrutinizing her evidence on record convicted the appellant under Sections 304 and 309 IPC and awarded aforesaid sentences to him. 8. Hence this appeal. 9. Upon perusal of record, it transpires that no one had seen the occurrence. The conviction of the accused-appellant Karan Bahadur in this case is based on the extra judicial confession made by him before the Manager of the Hotel and the other circumstantial evidence. 10. Learned AGA submitted that conviction can be based on the extra judicial confession. In support of his aforesaid submission, he has placed reliance on State of Uttar Pradesh Vs. M.K. Anthony reported in 1985 Criminal Law Journal 493. 11. The only question which arises for our consideration in this appeal is that whether the prosecution has been able to prove it's case against the accused-appellant beyond all reasonable doubts or not. 12. Before proceeding to analyze and appraise the oral evidence on record, in our opinion it would be useful to first examine the law on the admissibility of extra-judicial confession. 13. The extra judicial confession is admissible in evidence under Section 24 of the Evidence Act. 12. Before proceeding to analyze and appraise the oral evidence on record, in our opinion it would be useful to first examine the law on the admissibility of extra-judicial confession. 13. The extra judicial confession is admissible in evidence under Section 24 of the Evidence Act. There is no doubt that extra judicial confession is considered to be a weak piece of evidence but it is also settled that if the evidence of extra judicial confession comes from the mouth of witness who appears to be unbiased, not even remotely inimical to the accused, and in respect of whom nothing is brought out which may tend to indicate that he may have any motive for attributing an untruthful statement to the accused, the words spoken by the witness are clear, unambiguous and unmistakably convey that the accused is the perpetrator 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. 14. The Apex Court in paragraph 15 of the judgment of State of Uttar Pradesh Vs. M.K. Anthony reported in 1985 Criminal Law Journal 493 which is being reproduced hereinbelow, held as hereunder : "15. 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. See Jagta v. State of Haryana and State of Punjab v. Bhajan Singh and Ors. 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. See Jagta v. State of Haryana and State of Punjab v. Bhajan Singh and Ors. In Sahoo v. State of Uttar Pradesh , it was held that 'an extra-judicial confession may be an expression of conflict of emotion, a conscious effort to stifle the pricked conscience; an argument to find excuse or justification for his act; or a penitent or remorseful act of exaggeration of his part in the crime.' Before evidence in this behalf is accepted, it must be established by cogent evidence what were the exact words used by the accused. The Court proceeded to state that even if so much was established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used only as a corroborative piece of evidence. In that case, the evidence was that after the commission of murder the accused was heard muttering to himself that he has finished the deceased. The High Court did not interfere with the conviction observing that the evidence of extra-judicial confession is corroborated by circumstantial evidence. However, in Pyara Singh v. State of Punjab (1978) 1 SCR 661, this Court observed that the law does not require that evidence of an extra-judicial confession should in all cases be corroborated. It thus appears that extra-judicial confession appears to have been treated as a weak piece of evidence but there is no rule of law nor rule of prudence that it cannot be acted upon unless corroborated. It thus appears that extra-judicial confession appears to have been treated as a weak piece of evidence but there is no rule of law nor rule of prudence that it cannot be acted upon unless corroborated. If the evidence about extra-judicial confession comes from the mouth of witness/witnesses who appear to be unbiased, not even remotely inimical to the accused, and in respect of whom nothing is brought out which may tend to indicate that he may have a motive for attributing an untruthful statement to the accused; the words spoken to by the witness are clear, unambiguous and unmistakably convey that the accused is the perpetrator 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, trust-worthy and beyond reproach the same can be relied upon and a conviction can be founded thereon." 15. We now proceed to test the evidence of the witnesses in the light of the above principles on the touch stone of the credibility. 16. It is not in dispute that the accused-appellant and his wife had stayed in room no. 4 of Prabhat Hotel at the relevant point of time. The prosecution has alleged that accused-appellant Karan Bahadur had committed the murder of his wife and later he had tried to commit suicide. On the contrary, the defence has alleged that the greed of money and the ornaments of his wife had exhorted the employees of the hotel to murder Kalamani and inflict injuries on Karan Bahadur. 17. P. W. 1 Jai Narain Gupta who is the informant and the owner of the Prabhat Hotel has deposed that the accused-appellant Karan Bahadur was staying in room no. 4 of the hotel along with his wife Kalamani on the relevant date i.e. 9.12.1983. The accused-appellant Karan Bahadur had confessed before him that he had killed his wife and thereafter, tried to commit suicide but could not succeed. He proved the written report Ext. Ka1 as well as inquest report Ext. 4 of the hotel along with his wife Kalamani on the relevant date i.e. 9.12.1983. The accused-appellant Karan Bahadur had confessed before him that he had killed his wife and thereafter, tried to commit suicide but could not succeed. He proved the written report Ext. Ka1 as well as inquest report Ext. Ka2 and the arrest memo of accused-appellant Karan Bahadur and the recovery memo of the articles belonging to the accused-appellant Karan Bahadur Ext. Ka3. He also proved the memo of recovery of bloodstained Khukhari and the white bed sheets from the hotel room in which the deceased had stayed with his wife. 18. P. W. 2 Ranjit Kundu, the Manager of the Hotel at the relevant point of time fully corroborated the evidence of P. W. 1 Jai Narain Gupta on all material points and also stated that accused-appellant had made extra-judicial confession before him. The factum of his staying in room no. 4 of the hotel was also proved by him. P. W. 4 Bharat Singh, the waiter of the hotel who stated that the accused-appellant and his wife had stayed in room no. 4 of the hotel. He also stated a verbatim reproduction of extra-judicial confession made by the accused-appellant before him and the Manager Ranjit Kundu. 4 of the hotel was also proved by him. P. W. 4 Bharat Singh, the waiter of the hotel who stated that the accused-appellant and his wife had stayed in room no. 4 of the hotel. He also stated a verbatim reproduction of extra-judicial confession made by the accused-appellant before him and the Manager Ranjit Kundu. The confession made by the accused-appellant Karan Bahadur before P. W. 4 Bharat Singh has been narrated verbatim by P. W. 4 Bharat Singh in paragraph 3 of his statement which runs as here under : ^^ftl xkM+h esa vk jgk Fkk] mlesa dqN cnek'k feys vkSj mu yksxksa us esjh choh ds lkFk nqO;Zogkj fd;k vkSj esjh choh dks dHkh cfgu crkrs Fks vkSj dHkh esjh csVh crkrs Fks rks eSa Mj x;k vkSj ml fMCcs esa vkSj Hkh okj fefyVzh ds vkneh Fks vkSj ,d ljnkj th tks vius vki dks lh vkbZ Mh bULisDVj rFkk cEcbZ dk jgus okyk crkrs FksA eSusa mlls enn ekaxh rks mUgksaus dgk Mjks er ge rqEgsa LVs'ku ij NksM+ nsaxs] vkSj vkxjk dS.V LVs'ku ij vkdj eq>s o esjh choh dks fjD'kk esa fcBky fn;kA fctyh?kj Lvs'ku ij tc eSa igqapk rks ogka Vudiqj dh cl tk pqdh Fkh rks eSusa fjD'ks okys ls dgk fd fdlh gksVy esa ys pyks rks og fjD'ks okyk bl gksVy esa ys vk;k] jkr ds lk<+s X;kjg cts djhc eq>dks ,slk yxk fd os Vzsu okys cnek'k esjs dejs ds ckgj vk x;s gSa rFkk ;g dg jgs gSa fd esjh csVh dks ys tk;saxs esjh cfgu dks ys tk;saxs ;g [okc ns[kdj eSa Mj x;k rFkk mBdj cSB x;k eSus lkspk fd vc ;s esjh choh dks ys tk;saxs eq>s ftUnk jgus ls D;k Qk;nk ;fn eSa ej x;k rks esjh choh dk D;k gksxk blfy;s igys choh dks ekj nwa fQj [kqn ej tkÅaA ;g lksp dj eSus [kqdjh ls viuh choh ds isV ij okj fd;k og rM+i dj ej x;h fQj eSus vius isV esa [kqdjh ls okj fd;kA tc eSa ugh ejk rks eSus xqLls esa vkdj vius iSjksa esa okj fd;k fQj eSa csgks'k gks x;k tc eq>dks gks'k vk;k rks eSa fpYykrk gqvk uhps vk;kA^^ 19. From the facts deposed by P. W. 4 hereinabove, it transpires that in a state of hallucination, he felt that miscreants who had misbehaved with his wife were standing outside his hotel room and apprehending that they would kidnap his wife and without whom his life would become meaningless he decided to kill his wife and then to commit suicide. He executed his plan by stabbing his wife in the stomach with Khukhari, as a result, she died instantaneously and then he tried to kill himself but when he could not succeed, he came down to the hotel lobby and told the Manager of the Hotel to open the door of the hotel so that he may go to the police station for lodging the FIR of the occurrence. It is evident that the accused-appellant had categorically and voluntarily confessed that he had committed the murder of his wife and had also tried to commit suicide by stabbing himself with the same Khukhari in his stomach. 20. P. W. 1 Jai Narain Gupta while deposing that the accused-appellant Karan Bahadur had made an extra judicial confession before him has not reproduced the exact words spoken by him but the gist of his statement conveys that the accused-appellant in a spell of hallucination in which he felt that miscreants who had misbehaved with his wife were standing outside his hotel room and to save the honour of his wife, he killed her and then attempted to commit suicide and when he did not succeed, he came down from the stairs and narrated the whole episode to P. W. 1 Jai Narain Gupta, P. W. 2 Ranjit Kundu and P. W. 4 Bharat Singh. 21. P. W. 2 Ranjit Kundu in his evidence has also deposed about the factum of extra judicial confession. We find that P. W. 4 Bharat Singh has narrated the extra-judicial confession substantially in the words of the accused and the same finds mention in the written report Ext. Ka1. The FIR of the incident which had taken place on 22:45 hours on 10.12.1983 was lodged promptly by P. W. 1 on the same day at 23:20 hours. The promptness in lodging the FIR, did not leave the informant with any opportunity or time to concoct the story of extra judicial confession. Moreover, the extra judicial confession stands fully corroborated from the circumstantial evidence. The promptness in lodging the FIR, did not leave the informant with any opportunity or time to concoct the story of extra judicial confession. Moreover, the extra judicial confession stands fully corroborated from the circumstantial evidence. First of all, the extra judicial confession finds mention in the FIR Ext. Ka1. Under these circumstances, the extra judicial confession made before all the three witnesses finds full corroboration from the FIR. Secondly, it is fully corroborated by the medical testimony. In the extra judicial confession, the accused-appellant had confessed that he had stabbed his wife in her stomach by the Khukhari and caused an injury to which his wife succumbed. The doctor found only one ante mortem injury i.e. stab wound 1" x 1/4" x abdomen cavity deep on the front of the abdomen right side 1/4" outer to umblicus on right side at 9 O' clok position. The accused-appellant had confessed before the witnesses that he had stabbed his wife Kalamani by Khukhari. P. W. 3 Dr. A.K. Jain opined that the ante-mortem injury found on the dead body of Kalamani could be caused by a Khukhari. The time of the death according to his estimate could be 11:15 P.M. on 10.12.1983. This fact corroborates the timing of the death stated by the witnesses. Further, the occular testimony finds corroboration from the injury report of the accused-appellant Karan Bahadur himself. One of the witnesses of fact, P. W. 4 Bharat Singh has stated that he had seen injuries on the stomach and the leg of the accused from where the blood was oozing. P. W. 3 Dr. A.K. Jain who had examined the injuries of the accused-appellant Karan Bahadur had categorically deposed that the injuries noted by him on the person of the injured were not homicidal. No suggestion was given by the defence counsel to P. W. 3 Dr. A.K. Jain that the injuries suffered by the injured, accused-appellant Karan Bahadur could not be as a result of struggle of the accused-appellant Karan Bahadur without the aid of any third person. Medical evidence fully corroborates the time and manner of assault and the weapon used by the accused-appellant Karan Bahadur for committing the murder of his wife and inflicting wound upon himself. Besides the recovery of Khukhari from the place of occurrence with bloodstained, further corroborates the extra-judicial confession. 22. Medical evidence fully corroborates the time and manner of assault and the weapon used by the accused-appellant Karan Bahadur for committing the murder of his wife and inflicting wound upon himself. Besides the recovery of Khukhari from the place of occurrence with bloodstained, further corroborates the extra-judicial confession. 22. The story propounded by the accused-appellant, Karan Bahadur that with the object of robbing his wife of her cash and gold ornaments, the hotel employees had killed his wife and then tried to murder him also, falls flat on the ground not only in view of the medical evidence but also due to recovery of cash, gold and silver ornaments of the deceased from the hotel room by the police immediately after the occurrence. In case the employees of the hotel, it's manager and owner had committed the murder of the wife of accused-appellant, Karan Bahadur and caused injuries to him with the motive of robbing the accused-appellant's wife, no cash or ornaments would have been recovered from the place of occurrence. 23. Thus, in view of the foregoing discussion, we do not find that the learned Trial Judge committed any error or illegality in convicting the appellant under Section 302 IPC and awarding life sentence to him. 24. This appeal lacks merit and is accordingly dismissed. 25. The Chief Judicial Magistrate, Agra is directed to make every possible endeavor to trace out the accused-appellant Karan Bahadur who is absconding and send him to jail for serving out the remaining part of his sentence and submit his report in this regard to the Registrar General of this Court within three months. 26. Office is directed to transmit a copy of this judgment and order to Court concerned/Chief Judicial Magistrate, Agra for necessary follow up action.