JUDGMENT 1. - The aforesaid two appeals, namely D. B. Criminal Appeal No. 656 of 1974 and D. B. Criminal Jail Appeal No. 673 of 1974, are preferred against the judgment of the learned Sessions Judge, Udaipur, dated September 26, 1974 by which, appellant Nathu was convicted and sentenced to imprisonment for life and a fine of Rs. 100/-, in default of payment of which further rigours imprisonment for six months, under section 302. I. P. C. As both the appeals are against the same judgment, we propose to decide them together by one common judgment. 2. The facts as alleged by the prosecution were these. In village Valadeeth, Lalji and his wife deceased Lalki resided. Kachara is the real brother of Lalji and Smt. Bhurki alias Manjari is the wife of Kachara. A she-buffalo belonging to Kachara died. Mst. Bhurki was under the impression that Lalki was a witch and was responsible for the death of the she buffalo. Appellant, Nathu is said to be very close to Kachara and Bhurki. They persuaded Nathu to murder Lalki for a reward of Rs. 1000/- On the fateful day. i. e. in the early morning hours of 30th April, 1974, at about 4 or 4.30 a. m., Lalki with a head load of grass left for Dungarpur, Her daughter Kesar aged about 11 years also left for Dungarpur half an hour later. On the way to Dungarpur near villae Patapur, Kesar saw her mother Lalki lying -dead, Lalki had several injuries on her person. Kesar returned to her house and informed of the murder to her father Lalji, who went at the spot and found the dead body of Lalki. At about the same time, on April 30,1974, one Thana also noticed the dead body of Lalki grievously injured. He also met Lalji at the spot. Thana, therefore, rushed to police station, Dungarpur and lodged the oral report of the incident at about 8.30 a. m. A case under section 302, IPC, was registered and the usual investigation began. The dead body of Mst. Lalki was sent to Dr. K. L. Gandhi, Medical Jurist General Hospital, Dungarpur, for post-morterm examination. Shri Gandhi conducted the post-mortem examination at about 12-15 p m. on April 30,1974 and found the following ante-mortem injuries on the body of Lalki 1. The dead body of Mst. Lalki was sent to Dr. K. L. Gandhi, Medical Jurist General Hospital, Dungarpur, for post-morterm examination. Shri Gandhi conducted the post-mortem examination at about 12-15 p m. on April 30,1974 and found the following ante-mortem injuries on the body of Lalki 1. "A transverse incised wound on the front of the neck extending from 1" below the left angle of the mendible and going in front of the neck upto the right mastoid process. The wound was 3" wide on the front of the neck and on left side and tapering at right end. On internal examination of the wound the upper part of the thyroid cartilage along with larynx, pharynx and left carotid blood vessels with the muscles on the left side of the neck were found out. On the right side the muscles and blood vessels were intact. There was mud and clotted blood over the wound. Injury was grievous and was caused by sharp object. 2. Transverse incised wound 4"x 1" x 1/2" deep obliquely from above downwards on the back of neck. The muscles were partially out. Clotted blood all-round. The injury was simple and caused by sharp object. 3. Oblique incised wound 4" x 1" x 1/4" deep in width and tapering at both ends on the right side of the face extending from the zy gomatic eminence downwards to left angle of the mouth. The muscles and parotid gland were found out. Blood around. Injury was grievous and caused by sharp object. 4. A transverse incised wound 41/2"x 1" x 1/2" deep, in centre and tapering at both ends on the left side of neck below the left ear extending from the left angle of the mandible to the occipital region cutting the blood vessels and muscles below. There was clotted blood and mud aground. Injury was grievous and caused by sharp object. 5. A transverse incised wound 6" x 2" x deep upto the right humerus bone on the front of right deltoid region with mud all over the wound. The blouse cloth was also found cut over the wound in the same direction. Injury was simple and caused by sharp object. 6. Vertical incised wound 4" x 1/2" x 1/2" deep on the front of left arm extending from the left shoulder downwards. The clothes over the wound were found out in the same direction. The blouse cloth was also found cut over the wound in the same direction. Injury was simple and caused by sharp object. 6. Vertical incised wound 4" x 1/2" x 1/2" deep on the front of left arm extending from the left shoulder downwards. The clothes over the wound were found out in the same direction. The injury was simple and was caused by sharp object." 3. In opinion of the doctor, injuries No. 17 and 4 individually were sufficient in the ordinary course of nature to cause the death. The doctor was further of the opinion that these injuries could be caused by a razor. The villagers suspected the appellant for the murder of Mst. Lalki. They, therefore, called the appellant and it is further alleged that in the presence of the villagers and P. W. 10 Sarpanch Kawa, P. W. 9 Moti and P. W. 14 Roopi, the appellant made the extra-judicial confession of the crime that he had murdered Mst. Lalki with a razor. This confession is alleged to have been made on May 1, 1974. The appellant was arrested on May 2, 1974. The Assistant Sub Inspector, observed that the left index finger of the appellant was injured. At the time of arrest the appellant was wearing a Baniyan, an under-wear and Sandals, which appeared to be stained with blood. Hie Assistant Sub-Inspector, therefore, seized and sealed these articles vide Ex. P. 10. Thereafter, the appellant gave an information to P. W. 11, Assistant Sub-Inspector, Noor Mohammed that he had concealed a razor in his house. In pursuance of this information and at the instance of the appellant, the razor was recovered and sealed by the Assistant Sub Inspector. These articles in a duly sealed condition were sent to the Chemical Examiner for examination and vide report Ex. P. 16, of the Chemical Examiner and P. W. 17 of the Serologist, it was found that the razor, Baniyan and Sandals were stained with human blood. The appellant was also examined by Dr. Gandhi on May 4, 1974, who found the following injury on his person:- "Aseptic lacerated wound with scab 1" x ⅙" x ⅙" deep on the outer side of the middle of left index finger." 4. The doctor could not say definitely whether the injury was by a blunt or a sharp weapon. The appellant was also examined by Dr. Gandhi on May 4, 1974, who found the following injury on his person:- "Aseptic lacerated wound with scab 1" x ⅙" x ⅙" deep on the outer side of the middle of left index finger." 4. The doctor could not say definitely whether the injury was by a blunt or a sharp weapon. However, the doctor was of the opinion that the duration of the injury was about 7 days. During investigation, the investigating officer also recorded the statement of P. W. 6 Mst. Thavri, P. W. 7 Nagar and P. W. 8 Zoomli to the effect that they had seen the deceased with the appellant at about the time of murder near the house of a Thakur. However, during the course of trial, all these three witnesses turned hostile and, therefore, the fact that the deceased was last seen in the company of appellant could not be established. Evidence about the extra-judicial confession made by the appellant was also collected. After completing the investigation, a charge sheet was filed in the court of Chief Judicial Magistrate, Dungarpur, who finding that a case exclusively triable by the Sessions Judge was disclosed committed the appellant to the court of Sessions Judge, Udaipur for trial. The learned Sessions Judge was of the opinion that the following circumstances were established against the appellant and consequently convicted him:- (1) That the appellant made the extra-judicial confession admitting that he had murdered Mst. Lalki with a razor, (2) presence of an injury on the left index finger of the accused. (3) presence of human blood on the Baniyan and Sandals of the appellant. (4) recovery of a razor stained with human blood on the information and at the instance of the appellant from his possession. 5. We have heard the learned counsel for the appellant and the Public Prosecutor. It is vehemently argued by the learned counsel for the appellant that the learned Sessions Judge was gravely in error in relying upon the testimony of P. W. 10, Kawa to arrive at the finding that the appellant made an extra-judicial confession admitting that he had murdered Mst. Lalki. It is further submitted that the prosecution failed to prove that the left index finger of the appellant was injured at or about the time of the incident. Lalki. It is further submitted that the prosecution failed to prove that the left index finger of the appellant was injured at or about the time of the incident. It is then contended that the remaining circumstances of the recovery of a razor stained with human blood in pursuance of the information of the appellant and at his instance at the presence of human blood on the Baniyan and Sandals of the appellant are not sufficient to bring home guilt to the appellant. On the other hand the learned Public Prosecutor supported the findings arrived at by the learned Sessions Judge. 6. We have considered the rival contentions and have gone through the record of the case carefully. At the outset, it may be stated that the learned Session, Judge was of the opinion that the motive for the crime could not be established because the solitary statement of P. W. 2 Kesar was incapable of proving the same. The learned Public Prosecutor did not assail this finding. We have also gone through the statement of P. W. 2 Kesar, a child witness. She stated that two or three days before the incident the appellant told her mother that she was a witch and some day he would murder her We have considered this evidence which does not appear to be true. The appellant has no reason or occasion to there after Mst. Lalki. In any case, P. W. 4 Lalji, the husband of the deceased has not supported Kesar on this point. We are, therefore, of the opinion that it was rightly found that the prosecution has failed to establish any motive on the part of the appellant to commit murder of Mst. Lalki. 7. P. W. 10 Kawa stated that on the day of the murder of Lalki, he went to village Vala-deeth. The villagers suspected the appellant for the murder of Lalki. He, therefore, called the appellant, who in the presence of Mogji and Roopsi stated that he head killed Lalki with razor. In cross-examination, the witness changed his statement and stated that on the next day of murder, he went to Valadeeth and then appellant confessed his crime before him. The witness further deposed that the Assistant Sub-Inspector did not ask him to enquire in to the crime and he made enquiries at his own instance. In cross-examination, the witness changed his statement and stated that on the next day of murder, he went to Valadeeth and then appellant confessed his crime before him. The witness further deposed that the Assistant Sub-Inspector did not ask him to enquire in to the crime and he made enquiries at his own instance. However in the same breath, this witness further testified to the fact that on the day of the death of Mst. Lalki the Assistance Sub-Inspector asked him and others to make enquiries and trace the criminal. In our opinion, the solitary statement of this is not cogent and convincing to prove the fact the appellant made any extra-judicial confession of his crime. The statement of the witness is not firm. In the first instance, he stated that the confession was made on the day of the death of Lalki, the appellant confessed his crime before him. Again the witness tried to suppress the fact that the Assistant Sub Inspector asked him and others to make enquiries and trace the criminal, but then admitted that the enquiries were made at the request of the Assistant Sub Inspector. The extra judicial confession alleged to have been made by the appellant managed to kill Lalki, If the appellant has really confessed his crime even on the next day of the murder of Mst. Lalki i. e on May 1st, (1974t then the natural conduct of the witness would have been to go to the accused with him but this was not done. It appears that the police examined P. W. 10 Kawa, on May 2,1974. There is no explanation for this unusual conduct of the witness. The learned Sessions Judge relied upon the testimony of this witness only on the ground that he was an independent witness. In our opinion this fact alone was not sufficient to arrive at the conclusion that this witness was of sterling worth and his statement was sufficient to prove the appellant's extra (judicial confession. It may be recalled that the case of the prosecution is that this extra judicial confession, was made in presence of the villagers including P. W. 9 Mogji and P.W. 14 Roopsi, but both these witnesses have denied that any confession was made by the appellant. It may be recalled that the case of the prosecution is that this extra judicial confession, was made in presence of the villagers including P. W. 9 Mogji and P.W. 14 Roopsi, but both these witnesses have denied that any confession was made by the appellant. The unusual conduct of P. W. 10 Kawa in not approaching the police as soon as the confession was made by the appellant is a circumstances which throws considerable doubt on the veracity of this witness. Taylor says that the evidence of oral confession of guilt ought to be received with great caution, because person engaged in pursuit of evidence may magnify slight grounds of suspicion to an extra judicial confession in their zeal to detect offenders. The appellant had no reason or occasion to make the confession. Kawa. P. W. 10 has a motive to implicate the appellant as he was under pressure from the police to detect the culprit. In our opinion, it will be extremely dangerous to act on a confession put into the mouth of the accused by a solitary witness specially when other witnesses were available to prove the fact and they are not forthcoming to prove it. We are, therefore, of the opinion that the testimony of P. W. 10 Kawa is neither cogent nor convincing to prove the fact that the appellant made an extra-judicial confession of the crime before him in the presence of Mogji, Roopsi and other villagers. The appellant denied that he confessed his crime before Kawa and 8. It is also extremely doubtful that the appellant received the injury on his left index finger in the alleged incident. Dr. Gandhi stated that he examined the appellant on 4-5-1974 and then the injury appeared to be about 7 days duration. This will indicate that the appellant had received the injury on his left index finger a few days before 30th April, 1974. Moreover it could not be established positively that the injury on the left index finger of the appellant was by a sharp weapon. 9. It was not disputed that the Baniyan and Sandals which were recovered from the person of the appellant, were stained with human blood and further the razor recovered on the information of the appellant and at his instance was stained with human blood. The prosecution has proved these facts by cogent evidence. 9. It was not disputed that the Baniyan and Sandals which were recovered from the person of the appellant, were stained with human blood and further the razor recovered on the information of the appellant and at his instance was stained with human blood. The prosecution has proved these facts by cogent evidence. P. W. 11 Noor Mohammed stated that he arrested the applicant on May 2, 1974 vide Ex. P. 9 at that time. He noticed bloodstains on the clothes and sandals of the appellant and, therefore, he seized and sealed them vide Ex. P. 10. The witness further testified that the appellant gave him an information that he had concealed the razor in his house. He recovered the information in Ex. P. 13 and then recovered the razor at the instance of the appellant in the presence of Motbirs Kawa and Mogji. The razor was seized and sealed vide Ex. P. 11. The witness also stated that he kept the sealed articles in the malkhana of the police station, which were, thereafter taken away by the S. H. O. Dungarpur. P. W. 12, Fatehsingh, S. H. O. Dungarpur stated that on May 10, 1974, he took away four duly sealed packets from the malkhana of Dungarpur police station to S. P. Office, Dungarpur and handed them over to Chunnilai, Reader to the S. P. Chunnilal placed all these four sealed packets in a wooden box and sealed the box with the seal of S. P. Dungarpur. P.W. 15 Chunnilal supported this statement and stated that he put these duly sealed packets in a wooden box and sealed it. He gave this duly sealed box to police Constable Kumar. All for delivery to the Chemical Examiner. P. W. 13, Kumar Ali stated that he took the sealed box from S. P. Office, Dungarpur and delivered it to the office of the Chemical Examiner at Jaipur. From the report Ex.P. 16 of the Chemical Examiner, it is proved that four packets were found in a box sealed with seal of S. P. Dungarpur. The sealed packets containing the incriminating articles bore the seal of P. S. Kotwali, Dungarpur State. The Chemical Examiner found the incriminating articles stained with blood and they were further found stained With human blood by the Serologist. The sealed packets containing the incriminating articles bore the seal of P. S. Kotwali, Dungarpur State. The Chemical Examiner found the incriminating articles stained with blood and they were further found stained With human blood by the Serologist. Thus, it is proved beyond reasonable doubt that Baniyan, Sandals and razor stained with human blood were recovered from the possession of the appellant. 10. It is, however, argued by the learned counsel for the appellant that these two circumstances namely the presence of human blood on the baniyan and sandals, which the appellant was wearing at the time of arrest and the presence of human blood on the razor which was recovered in pursuance of the information of the appellant and at his instance were not sufficient to lead to the only conclusion that the appellant had committed the murder. They are capable of explanation on various hypothesis consistent with the innocence of the appellant and inconsistent with his guilt. We have considered the argument which has great force. It is well settled that all the incriminating circumstances established against an accused should be consistent only with the hypothesis of the guilt of the accused. The circumstances should be of a conclusive nature and tendency and they should be such as to be proved. In other words there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused. In our opinion the two aforesaid incriminating circumstances namely, the presence of human blood on the Baniyan and Sandals of the appellant and the presence of human blood on the razor recovered in pursuance of his information and at his instance are not circumstances of such a conclusive nature and tendency as to exclude every hypothesis but the one of the guilt of the appellant. 11. Thus, in our opinion, the prosecution has failed to bring home the guilt against the appellant beyond reasonable doubt and hence, his conviction has to be set aside. 12. In the result, we accept the appeals and set aside the judgment of the learned Sessions Judge, Udaipur convicting and sentencing the appellant under section 302 I. P. C. and acquit him of the offence of murder. The appellant is in jail. He should be released forthwith if not required in connection with any other case.Appeal allowed Appellant acquitted. *******