Singh (PW-17) recorded under Section 164 of the CrPC, was proved at the instance of the prosecution as Exh. 78, wherein the witness stated that on 1st October, 2013, he did not see the accused appellant while marking attendance. He then made inquiries about the accused appellant’s absence and summoned him to the circle. 59. When the witness asked the accused appellant about his absence, the accused appellant replied that he was tensed up. On hearing this, the witness told the accused appellant that staying idle would not help and that he should resume his duty to relieve the tension. The accused appellant agreed and complied with the suggestion and resumed his duty. Thus, in the previous statement of the witness (PW17) recorded under Section 164 of the CrPC, there is no reference to any extra-judicial confession having been made by the accused appellant. Furthermore, 50 Criminal Appeal No(s). 1954-1955 of 2022