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Issues involved: Appeal against conviction u/s 302 IPC based on extra judicial confession and presence of kerosene on accused's dress.
Summary: The appellant was convicted for the murder of his wife by setting her ablaze with kerosene. The trial court found him guilty based on an extra judicial confession and presence of kerosene on his dress. The High Court upheld the conviction. However, the defense argued that there was no valid extra judicial confession as claimed, citing inconsistencies in witness testimonies. The Court emphasized the importance of a voluntary and unbiased confession, stating that the substance of the confession must be clear and unambiguous. The prosecution's case regarding the presence of kerosene on the accused's dress was also questioned as the accused was not questioned about it during examination under Section 313 of the Code. The Court highlighted the significance of Section 313 of the Code, which allows the accused to explain circumstances appearing in the evidence against him. The purpose of this examination is to provide the accused with an opportunity to clarify the case made against him. The Court stressed that the questions asked during this examination should be fair and specific, enabling the accused to understand and respond adequately. Failure to question the accused on material circumstances can lead to an unfair conviction. In this case, the prosecution failed to establish the accusations, leading to the setting aside of the conviction and the appellant's release.
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