It has been argued by the learned counsel for the applicant that the present first information report has been lodged by one Ram Prakash Rajbhar on 1st March, 2019 alleging therein that on 27th February, 2019, dead body of elder brother of the informant, namely, Harikesh Rajbhar was found lying in a roadside drain near the field situated on the north side of his village. There were marks of serious injuries on his body, face, mouth, nose and forehead. Elder brother of the informant used to work as mansion. Someone called him on his mobile phone in the evening. On that day i.e. 26th February, 2018 he was abused and threatened on his mobile phone and at that night he did not came to his house. Now the informant was convinced that after killing him, the dead body of the brother of the informant was thrown out of the village. It has further been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated due to ulterior motive. The first information report has been lodged against one unknown person. The names of the coaccused, namely, Shivmurat Yadav and the applicant have surfaced in the confessional statement of the applicant himself and it was found that there was illicit relation between the deceased and wife of the applicant, hence the applicant had killed the deceased with the help of the coaccused, namely, Shivmurat Yadav. In view of Sections 25 and 26 of the Indian Evidence Act, confessional statement which has been recorded before the Police cannot be accepted as the same has no evidentiary value. Except the confessional statement of the applicant recorded before the Police, there is no direct or indirect evidence as well as independent or public witness on the basis of which it can
