1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Appeal No.466 of 2006 ------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, : Appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. Mr. D.B. Patel, A.P.P. for the Appellant/State. .......... CORAM : K. J. ROHEE & C. L. PANGARKAR, JJ DATED : OCTOBER 18, 2006 1. Heard Mr. D.B. Patel, Assistant Public Prosecutor for the appellant/State. 2. Perused the judgment. There is no direct evidence involving the respondent/accused in the incident of the alleged murder. The only circumstances against the respondent are that the dead body of Jaswanta was found lying in the agricultural field of the respondent and there were marks of pulling the dead body from the well situated in the field of the respondent up to the place where dead body was lying. It is also alleged that at the instance of the respondent his clothes and axe stained with blood were recovered from his house and that they were stained with human blood. 3. It may be noted that finding of his own clothes and axe in the house of an agriculturist is not a circumstance which would indicate his guilt. It may 2 further be noted that the group of the blood found on the clothes of the respondent and the axe could not be ascertained. It appears that even the blood group of the appellant is not ascertained and that it is not established that the blood found on the clothes of the respondent and the axe were that of the deceased. Thus the main link in the circumstantial evidence is missing, so also no motive for killing Jaswanta has been attributed to the respondent. 4. Thus we do not find any perversity in the impugned judgment. The appeal is, therefore, dismissed. JUDGE JUDGE asg