The short facts necessary for disposal of this appeal can be stated thus:(a) P.W.1 is the Village Administrative Officer of Veriappur.On 18.3.2005, at about 12 noon, when he was in his office along with his Assistant Kumaravel, the accused/appellant appeared before him and gave a confessional statement that he threw his child in a well and caused the death of the child.The statement was reduced to writing and marked as Ex.P.W.1 prepared his report under Ex.He produced the accused along with Exs.He interrogated the accused, when he came forward to give a confessional statement and the same was also recorded by the investigating officer.He proceeded to the scene of occurrence, conducted inquest on the dead body of the child and prepared the Inquest Report in the presence of the witnesses and panchayatdars.He prepared the Observation Mahazar and also a rough sketch.Following the same, the dead body was subjected to Postmortem by P.W.10, the doctor attached to the Government Hospital.He opined that the child would appear to have died before 5-6 hours before the commencement of the autopsy due to Asphyxia due to drowning.P.8 is the Postmortem Certificate issued by him.JUDGMENT M. Chockalingam, J.(b) On the strength of Exs.P1 and P2, a case was came to be registered by the respondent Police in Crime No. 61/2005 under Section 302, IPC.The Inspector of Police, P.W.11, took up the investigation on receipt of the Express First Information Report (F.I.R.), Ex.P.6 which was despatched to the Court.(c) The accused was sent to judicial remand and the Material Object which was recovered from the place of occurrence was sent to the Court.On completion of the investigation, the investigating officer filed the final report.The accused was committed to the Court of Sessions.In order to substantiate the charge levelled against the accused, the prosecution marched 11 witnesses and relied on eleven exhibits and one material object.On completion of evidence on the side of the prosecution, the accused/appellant was questioned under Section 313 Cr.P.C. He denied them as false.No defence witnesses were examined.After hearing the arguments advanced, on the scrutiny of the materials, the Trial Court took a view that the prosecution has proved the case beyond reasonable doubt and found the accused guilty and sentenced to undergo life imprisonment, which is the subject matter of challenge before this Court.The said document Ex.P.1 could not have been come into existence as put forth by the prosecution for more reasons:(a) P.W.1, the Village Administrative Officer has candidly admitted that he has seen the accused only once.They were not previously acquainted.He did not know whether the accused was employed in Pondicherry and thus, in such circumstances, it is highly improbable and impossible that the accused met the Village Administrative Officer and gave such a confessional statement and thus, Ex.P.1 was nothing but one created and fabricated to suit the prosecution case.(b) Added further, the counsel stated that in the instant case, the writing of the charge would read that the child was born in the tenth month from the time of marriage and thus, it could be easily inferred that the fidelity of the wife was suspected.If it be so, the wife of the accused was a necessary and material witness.But, she was not examined for the reasons best known to the prosecution that was fatal to the prosecution case.(c) Thirdly, even from the evidence of P.W.1, he took the accused/appellant at about 12.30 hours and produced before the Police Station and prepared Ex.P.1 by 12.20 p.m., and even the confessional statement alleged to have been recorded by the investigating officer was at about 1.30 p.m. and it is pertinent to point out that the Police Station is situated about 15 kilometres from the place of occurrence.The preparation of Ex.P.1 covering the distance of 15 kilometres, producing the accused before the Police Station within ten minutes and the recording of the confessional statement by the investigating officer at about 1.30 p.m., all would go to show that the documents could not have come into the existence, as put forth by the prosecution, nothing but it is a falsehood and thus, all these documents should have been rejected.Added further, the learned Counsel for the appellant/accused submitted that the medical evidence was not in support of the prosecution case.The doctor thoroughly opined in the Postmortem certificate that the child died out of Asphyxia by drowning and he further placed that no water is found in the lungs.But, the witness spoke that the child was floating and if it be so, and if the child had died out of Asphyxia by drowning, the water should have been found.But, the doctor has given the answer in the negative aspect.But, in this case, the prosecution had the evidence through P.W.1, the Village Administrative Officer to whom the confessional statement was made by the accused.Secondly, the child was found floating in the well and was taken from the well.1. To whom the said extra judicial confession is made?;Whether the person to whom the extra judicial confession is made, his evidence inspires the confidence of the Court?; andHe came to the village in the previous evening with his family and there was a commitment for the child in a temple.Accordingly, he invited his parents.P.1 and he also prepared Ex.The child was taken from the well.But, he came with a different stand when he was questioned under Section 300 of I.P.C. He stated that he went to the well to take bath at 8.00 a.m. on 18.3.2005 and when came back, he found the child missing.He went to the Police Station and a false case has been foisted against him.

Cited provisions: Section 302 in The Indian Penal Code; Section 300 in The Indian Penal Code