JUDGMENT 1. - The accused-appellant Ramdayal has been convicted by the learned Sessions Judge, Kota under section 302, I.P.C. and has been sentenced to imprisonment for life and to pay a fine of Rs. 25/- in Sessions Case No. 24/76. 2. One Smt. Shanti aged about 30 years (deceased) was the wife of Chaturbhuj (PW5). Her marriage with said Chaturbhuj took place about 12-13 years prior to the occurrence, and both were residing in village Sohanpuriya, P S. Chechat. District Kota. Ramdayal, who was 25 years of age at the time of incident, also resided in the same village. The case of the prosecution is that for the last about 4-5 years prior to the occurrence, Smt. Shanti (deceased) and the accused were having illicit relations, which were known to the entire village. As a result of these illicit relations, the members of the family of Chaturbhuj and the entire village was annoyed with the accused-appellant. It is alleged that about 3-4 days prior to January 30, 1976, the accused had killed Chaturbhujs pat bitch. He was out-casted by the villages Panchayat, and, as a result of this incident, it is alleged that Smt. Shanti (deceased) also became agree with the accused-appellant and severed her relations with the accused. On January 30, 1976 at about 8.30 AM., Chatmbhuj (PW5) husband of Smt. Shanti (deceased) was at his fields and was plucking vegetables, Smt. Shanti went towards the river to answer the call of nature After some time, she raised an alarm hearing which Chaturbhuj (PW5) went towards the river and saw that Smt. Shanti was lying on the ground, and the accused was giving blows with the sword Chaturbhuj raised an alarm hearing which Ratanlal (PW1), Pratap (PW2) and Madan (PW3) also reached the spot, and it is alleged that they also saw that the accused was giving blows to Smt Shanti by a sword Smt. Shanti died She was taken to the hospital, where Dr. Pushpendra Singh (PW9) conducted the auto play on her dead body. He found that there were as many as 22 injuries on the dead body of Smt. Shanti. and each could be caused by a sharp weapon like sword. Ratanlal (PW 1) started for the Police Station, Chechat, but when he was in village Motipura he came to know that the S.H.O., P.S. Chechat was in Madanpura. He found that there were as many as 22 injuries on the dead body of Smt. Shanti. and each could be caused by a sharp weapon like sword. Ratanlal (PW 1) started for the Police Station, Chechat, but when he was in village Motipura he came to know that the S.H.O., P.S. Chechat was in Madanpura. He, therefore, went to village Madanpura, and there the S.H.O recorded his statement (Ex. P 1), which the F.I.R. in the case. A case was registered and the usual investigation took place. 3. The accused-appellant was arrested by the Dy S. P. under Ex. P. 4, and it is alleged that a white shirt and a white dhoti, which appeared to be blood stained, as well as his striped Kaccha, which was also blood stained, were seized and scaled. The accused after his arrest is said to have given an information under section 27 of the Evidence Act to Girdharilal Dy. S.P. (PW 12) which is Ex. P. 5, forgetting a naked award recovered from (he water of the river. Consequent to his information, it is alleged that the accused and the Dy. S P. and the Motbirs want to the place mentioned in the memo, and the accused got recovered a aword (A. 4) under the recovery memo (Ex. P. 2). 4. After investigation, a charge sheet was filed, and the accused was tried by the learned Sessions Judge, Kota. 5. Before the learned Sessions Judge, 13 witnesses for the prosecution were examined, and thereafter the accused was examined under section 313, Cr. P.C to explain the circumstances appearing against him in the evidence of the prosecution witnesses The accused stands on a bare plea of denial, though he admitted that he had illicit relations with Smt. Shanti for the last few years. He denied that Smt. Shanti ever refused to continue her relations with him. According to him, Smt. Shanti continued to have her illicit relations with him. He came out with a plea that Chaturbhuj (PW 5) and Ratanlal (PW 1) are real brothers. Madan (PW 3) is the cousin brother of Chaturbhuj's maternal uncles son. Pratap (PW 4) is Chaturbhuj's Hali. According to him, Smt. Shanti continued to have her illicit relations with him. He came out with a plea that Chaturbhuj (PW 5) and Ratanlal (PW 1) are real brothers. Madan (PW 3) is the cousin brother of Chaturbhuj's maternal uncles son. Pratap (PW 4) is Chaturbhuj's Hali. According to the accused, as a result of illicit relations in between him and Smt. Shanti, Chaturbhuj and others were on inimical times with him and made their best efforts to see that the illicit relations came to an end. They also tried to cheek Smt. Shanti (deceased) from visiting him (accused). She was also turned out of the village once, but the love between him and Smt. Shanti continued. Therefore, Ratanlal, Chturbhuj and others, had committed the murder of Smt. Shanti and falsely implicated him. 6. The. accused examined DW 1 Dhooli and DW 2 Raota in his defence. 7. We have heard the learned counsel for the accused-appellant and the learned P.P. It is no longer in dispute that Smt. Shanti died as a result of violence, and her death was homicidal. The learned Advocate for the accused does not dispute this fact. Moreover, from the perusal of the postmortem report (Ex P. 5). and the statement of the doctor Shri Pushpendra Singh, it is clear that there were as many as 22 injuries on the various parts of the body of Smt Shanti (deceased). All the injuries were caused by sharp weapon, and in the opinion of the doctor injuries Nos. 16, 17 and 21 were sufficient in the ordinary course of nature to cause death. All the injuries cumulatively were also sufficient in the ordinary course of nature to cause death. Dr. Pushpendra Singh has also stated that he conducted the autopsy on the dead body of Smt. Shanti at about 5 P.M on January 30, 1976 and that the death occurred about 24 hours before he started the auto play. According to him, the death could have occurred within 1 to 24 hours prior to the postmortem examination. 8. The only and most important question in this case is, as to whether the accused is responsible for having caused the death of Shanti. According to him, the death could have occurred within 1 to 24 hours prior to the postmortem examination. 8. The only and most important question in this case is, as to whether the accused is responsible for having caused the death of Shanti. The learned Session Judge while dealing with the motive for murder of Smt. Shanti has observed that in his opinion in every case it is not necessary for the prosecution to prove the motive for the murder. At another stage of his judgment, he has observed that the prosecution has failed to prove that the accused had any motive to murder Smt. Shanti But, in the opinion of the learned Sessions Judge, the possibility appears to be that there w as some quarrel in between Ramdayal accused and Smt. Shanti (deceased) over some matter, and the accuse d got enraged and committed the murder of Shanti (deceased). This observation of the learned sessions Judge is not based on any evidence. The prosecution has not come out with a case that on the day of incident or prior to it, there was any quarrel between the accused and Smt. Shanti (deceased). The case of the prosecution was that a few days prior to the incident, the accused had killed his pat bitch, and, therefore. Shanti withdrew her relations with the accused. We are of the opinion that the case of the prosecution that as a result of the accused having killed the pat bitch, the accused was out-casted by the villagers, and Smt. Shanti (deceased) also withdrew her relations with the accused, does not appear to be correct. It may be observed at the very outset that all the witnesses for the prosecution are interested witnesses, and, therefore, their evidence is to be examined with caution. Ratanlal (PW1), who is the real brother of Chaturbhuj, and as such a Dewar of Smt. Shanti (deceased) states that the accused killed their pat bitch, because she used to bark when the accused and Smt. Shanti (deceased) used to visit each other. He has also stated that on the night the accused killed the bitch, he heard Smt. Shanti (deceased) saying to the accused, that because he is a killer, henceforth they will remain separately. He has also stated that on the night the accused killed the bitch, he heard Smt. Shanti (deceased) saying to the accused, that because he is a killer, henceforth they will remain separately. There is material on record that as a result of open illicit relations between the accused and Smt. Shanti (deceased) the entire village was against the accused, and the villagers wanted that some how the accused should be sent to Jail (See the statement of Pratap (PW 2) at page 2 middle). Ratanlal (PW 1) admits that the accused did not kill the bitch in his presence. Nairain (PW 4), who is also a brother of Chaturbhuj (PW 5), states that the accused had killed a bitch in this presence. Even assuming that the accused had killed the hitch a few days prior to the incident, to our mind, it could not have been such an incident as a result of which the accused would have been out casted by the villagers, and again it could not have been such an incident so as to put an end to the illicit relations between Smt. Shanti (deceased) and the accused, which were going on for the last about 4-5 years The accused has come out with a case that Smt. Shanti had not severed her relations with him. Therefore, to our mind, there is no material on record on which it can be said that there was any cause what to say of immediate cause for the accused to put an end to the life of Smt. Shanti, who in defence of her husband and the villagers continued her illicit relations with the accused. 9. We have already said earlier that the witnesses produced on behalf of the prosecution are interested, and, therefore, their evidence is to be scrutinised with caution. Ratanlal (PW 1), who is the real brother of Chaturbhuj (PW5), who is the husband of Smt. Shanti (deceased). Narain (PW 4), though not an eye witness, and is a witness about the killing of bitch by the accused, but he too is the cousin brother of Chaturbhuj (PW 5). Ratanlal (PW 1), who is the real brother of Chaturbhuj (PW5), who is the husband of Smt. Shanti (deceased). Narain (PW 4), though not an eye witness, and is a witness about the killing of bitch by the accused, but he too is the cousin brother of Chaturbhuj (PW 5). Pratap (PW 2) the other eye witness is said to be a Hali off Chaturbhuj (PW 5) as per the statement of the accused under section 313, Cr P C., Pratap (PW 2) admits that he is a laboured (Hali) with Srinarain and was so for the last about 12 months from before the occurrence. Narain (PW 4) is the real brother of Chaturbhuj PW 3 Madan is the son of Bheron. According to Madan, Bheronlal his father, is not the real maternal uncle of Chaturbhuj. Thus, he does not deny his being a son of maternal uncle of Chatuabhuj may be that his father is not the real maternal uncle. Thus, the case of prosecution rests on the evidence of Chaturbhuj (PW 5), his brother Ratanlal (PW1), Pratap (PW 2), who is the Hali of Narain, brother of Chaturbhuj, and of Madan (PW 3), who is his relation. 10. The learned Advocate for the accused-appellant contends that it is doubtful whether the murder took plane near the bank of the river towards the side of the village or on the other side. He further contends that there were many persons, who were having their houses nearby, and it is really surprising that only those who were related to Chaturbhuj or were near to him only reached the spot. He further contends that many other villagers reached the spot immediately after the occurrence, but none of them has been examined to state that the moment they reached the scene of occurrence, any of the witnesses gave out it was the accused who had caused the death of Smt. Shanti. He contends that it was Chaturbhuj and others, who could have had the motive to murder Smt. Shanti, who was not severing her relations with the accused. According to him, this possibility cannot be excluded that they themselves killed her, because she was not willing to severe her illicit relations with the accused, and a false case has been made up against the accused. According to him, this possibility cannot be excluded that they themselves killed her, because she was not willing to severe her illicit relations with the accused, and a false case has been made up against the accused. We have examined the evidence of the witnesses minutely, and there are some telling circumstances in the case, which have not been taken note of by the learned Sessions Judge. We shall presently take up those circumstances and we are of the opinion that the evidence of the above named four eye witnesses is not such which inspires confidence. Chaturhuj (PW 5), the husband of Smt. Shanti (deceased) has clearly stated that it was on the other bank of the river that Ramdayal had killed Smt. Shanti. He further states that after seeing that the accused was giving blows to Smt. Shanti, he went inside the river to a distance of about 2-4 paces, but thereafter returned back and raised an alarm. Ratanlal (PW 1) who is said to have reached on hearing the alarm of his brother Chaturbhuj, states that seeing that Ratanlal has reached, Ramdayal accused went inside the river in the water and after reaching the other bank of the river ran away. Thus, from the evidence of the two witnesses, it cannot be said as to whether the incident took place on this side of the bank of river or on the other side. Chaturbhuj (PW 5) states that after seeing that the accused was giving blows to his wife Smt Shanti, he raised an alarm and hearing the alarm. Ratanlal Madan and Pratap came there. It would have taken some time to reach the scene of occurrence after hearing the alarm of Chaturbhuj (PW 5). The accused, if lie had been giving blows to Shanti with a sword, would have also heard the alarm and would have made his escape before the other witnesses reached there To our mind the other witnesses, namely, Ratanlal (PW 1), Pratap (PW 2), and Madan (PW 3) could not have been in a position to have seen the accused still giving blows by a sword to Smt. Shanti. Therefore the evidence of these witnesses that they saw the accused giving blows with a sword to Shanti is such, which does not inspire confidence. It is admitted by all the witnesses that there are houses of many other persons near the river. Therefore the evidence of these witnesses that they saw the accused giving blows with a sword to Shanti is such, which does not inspire confidence. It is admitted by all the witnesses that there are houses of many other persons near the river. Even Ratanlal (PW 1) admits that the houses of Births, Devilal and Kajor are near the bank of the river. Though, he says that he does not remember as to whether these witnesses also reached the spot after some time but he admits that after the incident Chatra Chamar and many others had arrived. He also admits that at the time of incident harvested crop was lying on the threshing floor. It can, therefore, be said that there must have been many persons keeping a watch on their harvested crop. There were many persons having their houses near the river. But, none of them has been examined at least to say that when they reached the spot after the occurrence, it was given out by any of the witnesses that the accused had run away after giving blows by his sword to shanti. A look at the postmortem Report (Ex. P 5), and the statement of the doctor (PW 9) will show that there were as many as 22 injuries on the body of the deceased, which according to the doctor were all grievous by a sharp weapon. The dimensions of the injuries are not the same. Some are 1/2" deep, whereas the others are 1" and 2" deep. Therefore, the possibility of using more than one weapon or more than one sword cannot be ruled out. We are, therefore, of the opinion that only on the evidence of interested witnesses and looking to the background that it were Chaturbhuj and others, who could have had a motive to murder Smt. Shanti, because she was not severing her illicit relations with the accused it will not be safe to convict the accused-appellant. He have already stated earlier that even as per the statement of the witnesses examined by the prosecution, the entire village was against the accused and wanted to some how send him to jail, which was natural for them, because the accused was having illicit relations in open with Smt. Shanti, and as such was polluting the atmosphere in the village. 11. 11. Though, the clothes of the accused were saized and sealed, as they were suspected to be blood stained, but the report of the Chemical Examiner and the Serologist is not on the record. The sword is also alleged to have been recovered at the instance of the accused from the river. But, again there is no report of the Serologist of the Chemical Examiner that it was stained with human blood. Moreover, the sword is said to have been got recovered by the accused from the water, and the possibility of blood stains being there can be ruled out. The other witness Chouthmal (PW 7) about the recovery of the sword has not supported the prosecution. 12. We are, therefore, of the opinion that the prosecution has not succeeded in bringing have the guilt to the accused beyond reasonable doubt. 13. We, therefore, accept the appeal set asides the judgment of the learned Sessions Judge, Kota convicting and sentencing the accused under section 302, I.P.C., and acquit the accused-appellant Ramdayal of the charge under section 302, I.P.C. and hereby order that he be set at liberty immediately, if not wanted in any other cases.Appeal Accepted. *******