Crl.A. 278/2001 BEFORE THE HON’BLE MR. JUSTICE D.BISWAS None appears for the appellant when the case is called out for h earing. Heard Mr K Munir, learned Public Prosecutor, Assam. 2. This appeal is directed against the judgment dated 30.6.2001 pas sed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 6/2001 convict ing the accused- appellant Jugal Mech under Section 304, Part-II IPC and sentenc ing him to imprisonment for five years and to pay a fine of Rs. 6,000/-, in defa ult to further imprisonment for two years. 3. In this case, the prosecution examined six witnesses including t he Medical Officer (P.W.1) and the Investigating Officer (P.W.6). P.W.2,3, 4 and 5 are near relatives of the accused who has been charged for killing his b rother Ranjit Mech. 4. P.W.1 proved the ante mortem injuries found by him on the dead b ody of Ranjit Mech. According to him, the injuries were capable of being caused by blunt weapon. P.W.2 Bhadreswari Mech, mother of the accused-appellant as well as the deceased made no incriminating statement against the accused. P.W.3 Pram ila Mech is the wife of the accused. She also said nothing against the accused. P.W.5 is a neighbour of the accused. His evidence also does not implicate the ac cused in any manner. Therefore, there appears to be absolutely no evidence again st the accused that he had killed his brother Ranjit Mech. 5. The learned Sessions Judge relied upon the evidence of the Inves tigating Officer regarding recovery of a spade from the house of the accused and the medical evidence. The learned Sessions recorded the finding of conviction f or the reason that the spade recovered from the house of the accused was capable of causing injuries found on the person of the deceased and on this ground alon e convicted the accused under Section 304, Part-II IPC. 6. For reasons above, the impugned judgment is not sustainable in l aw. Hence, we allow the appeal and set aside the conviction and sentence imposed with direction to set the appellant at liberty forthwith, if still in custody.