Prosecution failing to prove its case

Where prosecution had failed to prove its case, the statement of accused under S.342, Cr.P.C., could be taken into consideration by the court (for convicting him) but in its entirety

Reliance could not be placed on only inculpatory part of such statement

Principles.

Both courts below had rejected version of prosecution in its entirety and then proceeded to convict and sentence the accused on the sole basis of his statement recorded under S.342, Cr.P.C., wherein he had advanced a plea of grave and sudden provocation

Prosecution had failed to prove its case against accused beyond reasonable doubt, therefore, he should have been acquitted, even if he had taken a plea and admitted to killing the deceased

Appeal was allowed, convictions and sentences recorded and upheld by courts below were set aside and accused was acquitted of the charge.