'^:::'-%;:. ^^- Itlil !5«- K ^s' 'ir'fi Wt: '! HIGH COURT OF CHHATTISOABH AT BIIASPUR Cr. Appegd No. a?0%Z11097 ytiankari-'at Respondents State of Chhattisgarh Cr. AppealNo^270®/'l9W B&agwanUas Respondent; State ofChhattisgpt'h Judement Ibr consideratlon Sd/- DHIRENDRA MISHRA Judge ~TT Hon'ble Shri Justlcel..G.^liadoo,J Sd/- L.C.BHADOO Judge -o-AyM f .Ju<Sge~~- -?i.l.afflrt7';ll"::l '~\J>T.-^'^-'V: / •' !:i'.i HIGH COURT OF CHHATTlSUAKH AT BILASFUR Cr. Appea! No. 270S/199T ShaiiKar Pal, son ot' Hailpal alias 1-J--'•":""••-" l-iCU. UL CUll r>/-i sgca dDoui. ^ i L& (Jccupation-ytuctent, KT-S""""^ T5 Q T^Q+1->^n/-1 fii.i-i.cxvculy F »0. lYcttlJLUi.iLl; (U.P.i R/o. r^-i^+-+ ji^cuS, village TQI/^" tj CU.'^JLJ- vs. State of CUiattisgai'h, tliroueh : Police ^JU^t.^l^lJ.. <JdJlJLCtg,CU. , 1-/AA1L.* OdlgUjCt ^J-Vl.l'.J Cr. Appeal No. 2703/1997 BUagwan Uas, son 01 Uutu, agect about ^ 1 V V/dJL O, <-/^^LlpctU.<Jll- ^dlp^lll^l R/o. vuiage unaraiia, P.y. Kathonct, Uistt. Jalon fM.P.) State ot' cmiattlsgarii, ttii'ougli : Police StLcxtJi.UJ.l. Ucyilctgcu., i-^listL. Ocu.gLlJci ^lVl-i'.j Hon'Dle ymi dustice L.C. Bliaaoo & rton'ble ym'i Justice umrendra Mism-a, u'J fresent: sm'i K.K. dain, Advocate tor ttie appeUants. <2~h^ A1_^1-,^1 K^^T-.T>o T3/->n.a1 T QITTTT<=.I- f/^-.- +1->.a Q-i-/.,^^ ^.ji.i±irUY^Lu ivi-tozu.ci^ -Tc^JLX'C-i l^ctVV y'Ci., 1U1 LilO OLctLC* Per Dhirendra Mistira, J 'l'&e above two cruuinal appeals are Deuig disposed ot Dy tms comnion ludgment as bom tue appeals are arismg out ot luclgment clatecl '^y-K-lyy'/. passed in y.'l'. Wo. aa/lyya bv leamecl Actcimonat Hessions Juclge, Kuraipur wnLereby learnect Aclditional Sessions Juctge alter liolcling Uie appeuants guiltv tor oaence 01 causing noiniciclal deaUi ot Grvan yuign aiici tlierealter clisnonestiy nusappropnating me articles wortji Ks. 35,000/- from his house, convicted them under Section 302 read wim yection 34 and. yection 4U4 ot l.r.i..;. ancl sentencecl eacli ot ttie appeuants to iiactergo uiipnsonnient tor liie aj:K[ to pay a tm.e ol Ks. 3UU/-, ui aetault ol pavment 01 une to undergo K.l. tor tttree montns, K.l. tor ttvo years and to pay a tuie ot Ks. 3UU/-, and m. aetault ol paymeiit ot tine, to unclergo K.I. tor tm-ee monttis respecbvely. '•2,. case ot me prosecution, ui Dnet, is tnal deceasecl Lrvan yingn ancl me appellants were resiaents ot nearDy viuages ot District Jalon, Uttar Pradesh. Smce fhe wife of Gvan Sin.gh namely Vunladevi ('P.W. o'j had gone to participate in the mamage ot Jier sister sonie two monuis pnor to ttie ctate ol incident i.e. 6-7-1994, the deceased was alone in his house. At tliat tune, me appeUants were also residmg witti (Jvan HmgTi ui iiis nouse ancl were tos employees. m tne nignt ot incident at about 10.00 p.m. both the appeuants and Chandulal (P.W. 8) were seen witli cleceasect Uyan Suign m ms veranaan, thereafter Gyan Singh was not seen by the neighbourers. On 8- 7-1994, when Vimladevi ('P.W.S'i -wife ofthe deceased retum.ed wim lier bromer saniam. suign I'F.W. 4.1 to ner nouse ni visnram.pur, sne tound ner nouse locKecl trom outside. (Jn enquuy sne was mtormect t)y Uie nearDv grocen; snop owners tnat ne is missuig since last 'i - '6 davs. yiie DroKe open uie locK and entered. into ner nouse. wnen sne touncl bad smell enianating trom inside ttie nouse, suspectuig tnat ine snieu is oi rotten potato, she openea me bag ol potato and ciiscovered the l3ody ofthe deceased. Vi/hereupon nierg intimation ot Ex. P- 11 was lodged m Police Out Post Vism-ampm'. A.y.l. Cl-utrasen snarma (F.w. 1U) rusn.ed. to tne piace ot uicicient, uiquest Kx. i-'-l over tne aeacl Docly ot uie deceasecl was prepared ui presence ot witaesses. 'l'lie boclv was sent tor autopsy to Government Hospital, Vishraaipur vide Ex. P-12, where Dr. D. K Dwivedi conducted post mortem and submitted his report. of Ex. P-12-A. On the report ofA.S.I. Chitrasen Shanna (P.W. 10), un-numbered crime was registered on 8-7-1994 at 19.30 hrs under Section 302 of I.P.C. vide Ex. P-13 aiid on Uie basis ol this report, Cnnie IMo. 308/iyy4 mider yection '.W2 oi I.F.C. was registered on the sanie date vide Ex. P-14. On the basis of menioraiiduni ot Ex. P-2 ol Bha.Kwand.as, blood stained Pesue was recovered vide Ex. P-3. Blood stained sou and plain soil from the place of incident, blood stained ciuilt, damaged lock, Dloocl stauied ]ute bag, two Diood stainecl bed sneets and bloocl stained pillow cover were taken mto possession trom the place ot m.cident victe ux. P-5. ye.aled pacKet contau-ung clotrung ol tne cteceased was taken uito possession vicle Kx. F-b. Memoranaum ot accusea SlianKar ral was recorclect as lix. F- b/ iu. A bnetcase contaming Kari ot me wite ot me cleceasea, wrist watch and a cash of Rs. 2.200/'- .was taken into possession trom me nouse ot accused HlianKar fal, situated at vfllage Arokhi, P.S. Jalon, U.P. Blood stained articles were sent for chemical examination to F'orensic Science Laborator'y, Kaipur viae Kx. K-1& iroui wnere report ot ux. F-lb datect y-y- iyy4 was receivecl. o. Atter complemig tne m.vesngation, cnarge slieet was tilecl in me 03urt ot Juaiciai Magisu'ate t<'irst ciass, Kuraipur lor -offence under Section 302 read with Section 34 ofi.P.C. who in tum committed me case to tne Court 01 Bessions Jucige, Anibikapur and the sauie was received on transfer by fhe leam.ed Aaaitioi'ial Sessions Juctge tor u-ial. 4. Learned Additional Sessions Judge framed chai^e under Section 302 of I.P.C., in altemative, under Section 302 read with Section 34 ofI.P.C., Section 201 and Section 392 ofI.P.C. against the appellants who abiured meu- guilt. The prosecutlon m order to establish fiie charges against ttie appeUants examined 13 witnesses, mereatter statements ot accusecl persons under'yection ai3 01 Cr.J^.C. were recordect in wnicn ttiey cterued ttie circumstances appearuig agauist uiem anci submittect tnat Uie witaesses nave talsely miplicated mem tor the purpose of saving themselves. 'They also submitted tliat on the date of incident, deceased Gyan Smgh, Hakim Singh mid ^- -. Chandu Lal were consuming liquor. When Gyan Suigh becaaie intoxicatea, Uien i-iaiam ssuigh, etc. asKecl nmi to consume some more liquor wnereupon tney locKea ms nouse and went away ancl dicl not retuni UU late niglit, tnereatter Uiey slept t&ere ui ttie verandati. in me moninig, wite 01 Matcmi Hmgh (i-'.w. 3) asKea uiem about U-van yingti, to wmcn mev repliea tnat ne dicl not return atter gouig in uie niglit. l-us wite asKecl mem t.o go to yalram's nouse aiicl enquire, wnereupon tnev went Am.DiKapur and asKed irom Uie brotner ot me cleceaseci aDout him, yalram came Vishraoipur and enqun'ecl, nowever ms wnereabouts coulct not De ascertainecl. i-le asKea mem to go to t&eir nouse ana as and wften Uyan Hingh retu.ms, mev snatl be calling mm bacK. '1'n.e accusect persons exammea constable Dinesh Kumar in their defence. Learned Additionai Session Judge, atter Ueanng Uie areuments ot tlie respecove parties, convictea tne appellants and sentenced. uiem as aDove. 5. Homicidal deaUi ol me cleceasecl uyan Hingn is not m dlspute. Kven otnerwise, trom perusal ot uie statement ot ur. U.K. Uwivedi [F.W. 1..'), wtio nas proved me post niorteni ot Ji;x. p-12-A, UT. w&icn ne nas touncl one Lacerated wouncl at ttie lateral canttiers ot lett eye '2. x u.5 cm undenving bone 01 iaterat ortsital margin is tracturea; one Laceratecl wouna on tne scalp on lett trontat region ot sKuu a x l cm unaenying Done is tractured and one contusion on lett tfugn ^ x '2 cm, recldisn coloured, all above iniunes are ante mortem, Uiey are rectdisn in colour, clotted blood is present on face and head ancl he opined Uiat t&e cause ot deatli is comnia due to iieact miuiT and. duration ot deatn. is aDout '2 to 'd ctays, tfte uiiiiries present over the person ot ttie deceases were caused one aay Detore cleath, homiciclal deatn ot me Uvafi Hmgli is establisnea. b. 'mere are no eye-witoesses to uie incid.ent. convicuon ol the appellaats is based on circumstaatial evicience. 'l'Ae circuinstaiices relied upon by tlie taal Court lor convicting me L-,' appeuants as mentionecl m para 14 ot t&e luagment are as uncler:- i. That, both the accused persons were last seen in tlie company ot tne deceasect on b-/-iyu4 at about 10.00 pm in his house and thereatter Gyan Smgh was not seen alive. ii. That, on 8-7-1994 in the monimg, the appeuants were spotted witn me Dnetcase ot me cleceasecl Uyan yingn near Mon Hotel. iii. T'hat, fhe blood stained pestie was recovered and seized at me nistance ol me appeuant unagwan Das. iv. 'rnat, on me rn.emorand.um. ot StianK.ar rai, tfari, Rico wateh and Briefcase were seized aiid the saine tiave Deen cluly laeiititiect. 7. Leam.ed, counsel for Uie appellants submits that fhe circum.stances reliecl upon by tne trial Court Uave not Deen independentiy established. The defence of the appellants which emerges trom tne cross-examma&on ot ttie wim.esses ancl Uien'' statements under Section 313 of Cr.P.C. has not been considerea. Kecovery on me basis ot memoranaum ol me appeuants was clouDtliil ana, meretore, Uie cu'cumstances ot recovery ot pestle, bnetcase and ottier articles coulct not De relied upon for convicting the appeUants. On fhe basis of fhese cu'cuinstances, t&e appellants coulcl not nave Deen convictea aiict benetit ot doubt ougnt to nave &een given to appeuan.ts. it is submitted that ciisclosure statement ot Uie accusect cloes not bear meu' siguature or UiumD impression wliicli renclers sucli statement unreliable. Keliance is placed m. tlie case ot Jackaran Singh -v- State of Fun.jab reported m AIRJ|.g95_SC @ y. Un uie ottter fiancl, learnea counsel tor tne ytate supports me luctgment ot me tnai court. y. we nave nearcl uie leaiTiect counsel tor me parties. we have peinsed. tJtie irapugned tudgm.ent as also uie matenal availaDle on record. 1U. yo tar as ttie tirst circumstance is concernea, P.W. a Hakim Suigh has stated that his house and house of Gyan ymglT. is actiacent. 'i'wo monms pnor to b-7-i9y4, wite ancl daught.er of Gyan Suigh had gone to Arokhi viuage of U.P. AppeUants were servants of Gyan Singh, thev were seivmg Gyan Singh some 2-3 monfhs prior to the date of incident. T'hey resiclect u~t e same nouse. L)n b-/-iyy4 at about y.UU p.m, wnen went out to pass mTne, ne saw accused persons consuinuig liquor wim uyan yuigli and cnanduial ji-'.w. y). l-le went there on being called bv Gyan Singh and sat there for 10 minutes. In the nieanwhile, Chanduial (P.W. 8) left them for his nouse. Uvan ymRti asKea accused persons to COOK looct and thereafter he went to his house. In the monimg, he saw bofn e accused-pei-sons sleeping on verandali. Un enaiiin', Dom ot them said that he is missing since 11.00 p.m. At 9.00 a.m. his wKe asKed tne accusecl persons to go to younger Drotfter Balram. and enquire whereabouts of Gyan Singh whereupon both of fh.cm weut to Ambikapm' and retunied at about 6.00 p.m. along wim one Pintu, nowever mey did not say ajryUuiig about Gyan Smgn aiid told that Uatraiii (J-'.Vi/.'Yj has asKecl them to resuine tfae busmess of Fulki and he shall be commg in the morning and enquire about his brother. On 7-7-1994, he saw fhe accused persons and their companion sieepmg in the Verandah. On 8-7-1994, at about 5.00 a.m. he found mem sleeping there nowever, wlien ne was proceedmg tor duty at about Quarter to seven, ne saw aU Uie tm'ee standing near Moti Hotel, Accused Shankar Pal was carndng attachi of Gyaii Singh. On enguu'y, thev said that tAey were proceedmg tor KaUii, ftowever mis witness asKecl tnat one ol them should go to Katni and other to go to his brother to enquu'e about Gyan yingn. However, ynaalsar l-'al ancl unagwan Das said that thev were gom.g to Katru and. mey snau sencl one person to Ambikapur. He further stated that m. the eventag at about 5.00 p.m. wlien lie retuniect trom tne dutv', ne learnt that dead bodv oi (jyan yingli was recovereci trom a gunny bag inside the nouse ot uyan ymgti. in me cross-exaaiination, mis witness has stated. tliat ne was regular visitor ot Uyan SlngJi's house. Accused Uliag\vansmgn Kept ms belongmgs m me tlrst room. 'l'hey COOK meu- meals m. Verandati as well as ui the tu'st rooni, tney slept in t&e Verand.an. Me lta.ci deniea uie suggestion tliat me accused persons did not taKe liquor on 5-7-1994, ttiey were in me nouse ol u-van Singft and. ttiey liave also aeniecl that Gyaii Singh had sent accused Bhagivaii Das to Ambikapur to letch kerosene or he returned Ambikapiir on 7-7-1994 in fhe niorrung. in para '^5, tms witness nas denied ttie suggestion ttiat accused Bnagwan Uas nad obtained leave trom Uyan Bingn. tor gouig to U.1-". ana nas statecl tliat Btiagivan uas nad retunied Vishraiiipur 2 days before tfae incident. This witness lias turmer cteniecl tne suggestion mat ms wite nacl uiicit relations wim U-yan suign. un b-'/-iyy4 atter departUTe ol ciianclulal, Uvan singn went witn nmi and. he along with nis wite m.urd.erecl Uyan Singti m Uieu- nouse and m orcler to conceal ttie aead bocly of Gvan ymg&, ne sent the accused persons to Ambikapur tto-ough his wlte and fhereatter took out me Key trom tlie pocKet ot me deceasecl and opened me locR and. conceal Uie cleacl Eiocly ot Uyan Hingn m. a gunnv tsag ui Gyan Suigh's house. P.W. 6 Shyainadevi, wil'e of Hakim Singh tias atso statecl t&at sne saw Uie accused persons anci Uyan yuign consiunuig liquor along wim 4 persons at y.yu pni on t&e clate ot incident. Un me next moniing, sne touna uie nouse ot uvan yingn locKea. At atiout '/.3U aiu slie savv ynanKar anci Bliagwaii uas commg out ot me liouse ot Uvaii ymgn aiicl on enauin,' mey sald Uiat they ai'e going to search Gyaii Singh. She also stated fhat accused Shankar was carn'in.g a si-iitcase, thereatter fhe accused persons dld not retLim. On ttie 3rd clay wnen me wile ot uyaii ymgn. retm'nect, sne told ner mat LTvaii ym.gn is missuig since last '2 davs. since tlie nouse was locKect, sne was sitting in me Veranaan., slie got iier nouse openecl Dy her brother and discovered the dead body. In paragraph 18 of ner statement, slie nas again statea mat tlie nouse ot u-van yingti was locisecl since evenmg. 'l'tie accusect persons cticl not retum. as fhey had alreadv left m the moming. P.W. 8 Cnanctulal Has stated mat ne along wim uvan yuigti, acczised persons and Hatcun Suigti were consuining uquor at aDout y.au pm ui the night ui the house of Gyan Singh, however he left ttiem at 1U.UU pui tor nis nouse J.eavm.g Dom Uie accused, UYan yuign ancl i-lafcim yuTLgn jF.W. 'd). 'l'ms wimess nas also statecl mat police also ctetatned nmi and later on ne cam.e to Know fhat the accused persons were not m the house and fhe house of Uyaii Singn was lockea thougri UT.ev resiciecl m me nouse ot Uyan yingti. He has turmer stated tnat ne was cletainecl on ytn and released on ym by toe Police. 'rne accusea persons nacl come to his house in his absence on 7m. He has also stated that iiis wite told. liun that tlie accusect persons nad come to ms nouse m seai'cn ot uyaii ymgli. 11. Ifwe scrutinize the statement ot Uiese three witnesses, we lind mat mere are nottceaDle discrepartcies ui tlieu' versions. Whereas P.W.3 Hakuii Singli has stated that at 9.00 pm he saw that 4 persons- Uvaii Smgn, BtiaKffan. Uas, Bnai-tKar Fai ancl Chandulal were consummg llquor togetlier. J-le went on Demg caiied by Gyan Singh ai-id sat there for onlv 10 mmutes and in the mean.wtole, Chaiidulai left. Shyamadevi (P.W. 6) has stated that at about 9.30 pm she saw bot& me accusea persons, (Jyan Smgh aiid 4m person consiimmg liquor, wnereas cnaiiduiai ('P.W. 8) has stated that at 9.30 pm he, accused persons, Gyaii Singh and Hakmi Singli were consumlng liquor, liowever he lelt mem at lu.UO pm. Simiiarlv, F.w. 3 Haimii ymgli has statect t&at on beuig aslced Dy nis wite, uie accused persons went to Ambikapur to enquire about Uyan Slngh. trom nis Drotn.er Balram (P.W. 7) aad bofh of fhem retumed at about 6.00 pm along with one Pintu and thev slept in the Verandah in the night ot Ym and went away on Km Jiity iyy4. At mat tune, mev were caiTyuig me attacni ot Uyan Hmgfa, wtiereas ynYaiaaclevi Sl-'.W. fc>) UT. paragrapn ^ ot ner statement nas stated mat ui me next moming, wiien slie caoie out, sj.ie tound tne nouse ot Gyaii ym&n. locKed. trom outsicte. On the same mornuig. at aDout Y.3U am. siie saw Bliagwan uas anct ynanKar pal commg out of the house of Gyan Singh and thereafter fhev did not retiun and at that time, accused Shankar Pal was carrytng suitease. On her enquiry', they sald t&at mey were going to search Gvan Suigh. it is not in dispute that the appeUants being servants of fhe deceased were residing in his house and used to sleep in Verandah of Gyan Suigh. Witnesses have also stated. tliat tliev used to COOK tooct eitl'ier in tlie Veranclan or ui the tu-st room. Even on 6m and 7m mght, toey siept m. me Verandan. T'hey also went in searcn ot Uyan yuigli to ms Droth.er Balram's nouse at Am.&iKapur as also to toe nouse ol Chaiidulal aiid fhereafter they retunied and slept m tlie Veraiiclan of Gyan Slngn. As per post mortem repoit, opimon ol Dr. D.K. Dwivedl (P.W. 12) was mat tfie time ot cleau-i was 2 to 3 days prior to the date of exarauiation i.e. 9-7-1994. He has turtner opm.ect Uiat miunes were ot one dav betore me cleatn. Thus it tlie opmlon ot Uie Doctor U.K. Uwiveai is acceptecl, then the death of Gyan Singh occurred between 6m to 7m of July, 1994 and the inluries were sustained by nun between om to 6m July, 1994. It is hignly improbable that me appeUai-tts after causing grievous uijuries would have packed the injured Gyan Singh ui a gunny bag ancl concealed nun m.side ms tiouse and locked the door from outside and slept ui me Veraiiclati waiting for his deatfa. It is all the niore improDable mat m mese 10 circum.staaces, they would have retunied to the place of inciclent on tlie tollowmg ctay ana slept in me.mglit m Uie Verandan. 12. yo lar as '^!I1° and 4m cu'cumstances mat ttie appellants were spotted with fhe snitease of deceased Gyan Singh ui the morning of 8-7-1994, is concem.ed, m ffais regard also, fhere is cliscrepaacy ui tne statements ol HaKim. ymgli (F.w. a) ancl ms wife Shyama Devi ('P.W. 6). Whereas Shvaiaadevi ('P.W. b'l ciaims to liave seen ttie accusect persons leavuig uie nouse ot Gvanstng on 7-7-1994 itseU in the moniing along with suitcase and fhereatter they did not retum, Haltim. Stagh |P.W. 3j clamis mat on Ym July iyy4, mey went AmbiKapur and retuniea ui me evenm.g at b pm aiia slept m. toe Veranclan ancl mereatter mev lett wim t&e suitcase on y-/-iyy4. so tar as recoven' ot suitcase on Uie memoranduni ot ynarLkar fal is concernecl, Uie memoranctuni ot Kx. J-'-b cloes not bear Uie signature ot ynaaKar Hat. More over, V.W. y ymv Uovma, tne witness ot memorandum statenient, lias statea tnat accusecl tiliagvvan Das liad macte disclosure statement Defore mm to Uie police regaramg Attactn and Sari, meretore m view ot tne statement ot tms witness, recovery ot suitcase at the uistance ot snanKar l-'al looses its signuicance. la. 'l'ne otoer circumstance relied upon Dy me prosecuuon that on Uie dlsclosiu-e statement ux.. f-2 ot Bnagvvaii Uas, weapon ot onence pesue was recovered. trom me iiouse ot u-van Singn is concem.ea, tu.-sUy memorandum of Ux. f-2 does not bear me sigiiature of Bhagwan Uas. 1'^ansuclclin, me wimess ot meiiioraiidum of Ex. P-2 has stated tliat Bhagwyan. Das had glven disclosiire statement ui ms presence ancl m pursuance 01 sanie, pestle was discoverea trom a corner ot uie nouse ot uyan Smgh and seized vide Ex. P-3. In para 7, this wimess stated that fhe seizure was effected bv me police trom me Uouse ot Gyani Smgli on the date when wife of Gyan Smgli retiu'ned from 11 her house. in view of fhe fact that fhe disclosure statement of Ex. P-2 does not bear the slgnature of the accused Bhag'A'an Uas anci tl-ie tact tnat tnere is discrepancy' UT. me statement ot JMasiruddm with regard to date on which the seizm'e was niade, it would not be safe to consider the circumstance of seizure of pestle on tne memoranaum ot appeuant Bnagwan Uas to De a circiiDistance suflicient to draw an interference regardtng ttie guut ot appeuaiits. We rely upon Uie luagnient of yupreme Com't m tfae matter of Jacls.axas. Sinriti isuprai wherem it is neJ.d mat absence ot signature or muaib uiipression 01 me accusecl in tlie disclosure statement renciers sucn statement unreiiabjte. 14. 'l'ne tact tliat Uie tune ot cteam ot Uyan Singn tias been assessed between 6th to 7m July, 1994 and dead bodv was recovered in the evenmg of 8m July, 1994 and fuitlier that adniitteaiv me appeuaiits were aosent ti-om the place of inciaent on Ym July, 1994 tor me wnole aay, tlie possibuity' of otner person committing Uie murcter ana cluniping uie Doay ot tne cleceased. m tne meanwniie cannot De ruiecl out. 15. Un tne basis ot me atoresaid aiscussions, we ai'e 01 me considered opuiion that the prosecution has not been able to prove tne cnarge agam.st me appeuant on me Dasis ot cu''cumstantiat evidence. The circumstances, relied upon, have not been uidependentlv provect. 'l'ne prosecution nas not been able to establish the ctrcumstances unen'mgly poinnng towards me guitt ot me accusea-appeiiants and even mey cto not toi-m a cnain so complete mat mere is no escape irom tne conclusion that witrun ail numan probaDilitt' tne cnme was coniiitittect Dv tne accused ana none else. 16. In the result, both the appeats are allowed.. 'llie mipugnect ludgment ot convicuon ancl orcler ot sentence is set asicle. AppellaiTLts Bhagwan Das aiid Shaiikar Pal ai'e acquitted of Uie charse imder Section 302 reacl with Section 34 ot l.F.C. aiicl w^. 12 BK Section 404 ofI.P.C. It is stated tliat fhat they are iii detention since 12-7-1994 aiid 13-7-1994 respectively. They be set at tiberty tbrt.tiwitti it not required m any other case. Sd/- L.C.BHADOO Judge Sd/- DHIRENDRA MISHRA Judge