JUDGMENT 1. - The accused appellants Radhey Shayam and Jamna have been convicted under Section 302/34 IPC and each of them has sentenced to life imprisonment and a fine of Rs. 50/- each. In default of payment of fine to further undergo rigorous imprisonment for one month each. Accused Radhey Shyam is the husband of deceased Smt. Bharosi and accused Jamna is the brother of accused Radhey Shayam. On October 20, 1981, at about 9.00 a.m. Poori Lal P.W. I was in his house and be heard the cries of a girl coming from a nearby well. He was attracted to that side and saw that the two accused appellants and Moti and Bheru were giving blows with gandasi and lathi to the girl. Poori Lal reached there and poured some water in the mouth of the girl but the girl had died. The said Poori Lal lodged the report at the police station at about 9.00 a.m. on the same day and the case was registered. Dr. Ramesh Chandra Dube P.W. 16 conducted the autopsy of Smt. Bharosi w/o Radhey Shyam accused and found that there were as many as seven injuries on her person? including two on her private parts numbering 6 and 7, being lacerated wounds and an injury of labia majora. In the opinion of Dr. Dube, she died as a result of rupture of spleen. There were fractures of 8th, 9th and 10th rib of left side, which had resulted in the rupture of spleen. The accused appellants were arrested and were tried by the learned Sessions Judge, Jhalawar. They pleaded not guilty. The prosecution examined 17 witnesses. The accused persons stood on a bare plea of denial. They did not examine and witness in defence. Learned Sessions Judge placing reliance on the testimony of three witnesses Mst. Badam P.W. 12. Mst. Ayodhya P.W. 6 and Ghasi Lal P.W. 13, convicted and sentenced the two appellants as aforesaid where as the two accused persons Moti and Bheru were acquitted. 2. The contention of accused appellants is that, it is a case of no evidence and the learned Sessions Judge has simply convicted the accused persons on conjectures. According to the learned Advocate, learned Sessions Judge has held that the accused appellants Radhey Shyam and Jamna were armed with gandasi and Kulhari and that they caused injuries to Smt. Bharosi but Dr. According to the learned Advocate, learned Sessions Judge has held that the accused appellants Radhey Shyam and Jamna were armed with gandasi and Kulhari and that they caused injuries to Smt. Bharosi but Dr. Dube did not find any injury by the sharp weapon on the dead-body of Smt. Bharosi, therefore, the finding of learned Sessions Judge that these two accused appellants caused injuries to the deceased Bharosi are not only not based on any evidence but is in contradiction to the medical evidence. 3. P.W. 1 Shri Poori Lal, who lodged the First Information Report did not support the prosecution and was declared hostile. Similarly the other eye-witness of the occurrence also did not support the case of prosecution. Learned Sessions Judge has placed reliance on the evidence of only three witnesses P.W. 12 Mst. Badam, P.W. 6 Mst. Ayodhya and P.W. 13, Ghasi Lal. Learned Advocate for the accused appellants has taken us to the evidence of above mentioned three witnesses and has contended that none of them have stated that the two accused appellants or any one of them gave blows in their presence to deceased Smt. Bharosi, P.W. 6 Miss Ayodhya is a child witness, being aged 10 to 11 years. Oath was not administered to her. She has stated that a girl was following four persons. They enquired about the where-abouts of a girl. She also stated that Poori Lal took those four persons to a girl and those four persons started giving beating to the girl. But she has clearly stated (Page 7 of the paper bock) that she cannot identify any of those four persons. Thus, so far as the statement of Miss Ayodhya is concerned, it hardly helps the case of the prosecution. 4. P.W. 12 is Miss Badami. She is also aged about ten years. She is the sister of deceased Bharosi. She has stated that relations between Radhey Shyam husband of deceased Bharosi and deceased were not cordial and on that account deceased had started living with her 2-21/2 months, prior to the occurrence. She further states that her sister Bharosi had come to take fodder and accused appellants Radhey Shyam and Badu lal etc. took her by force. Next day she and her brother went with a bullock-cart for fodder in jungle and saw that Bharosi was lying dead and Jamna and Radhey Shyam were standing there. She further states that her sister Bharosi had come to take fodder and accused appellants Radhey Shyam and Badu lal etc. took her by force. Next day she and her brother went with a bullock-cart for fodder in jungle and saw that Bharosi was lying dead and Jamna and Radhey Shyam were standing there. On seeing them, they ran-away from there. In cross-examination she states that her sister was taken-away by force. That incident has taken place in the presence of her aunt and she had disclosed to her about the incident. She had also disclosed that she had identified two of them. Her father lodged a report with the police. She admits that her aunt is alive but the prosecution for the reasons known to it has not produced her. She further states that she heard in jungle that Bharosi has been killed. She only saw Smt. Bharosi lying dead. This she also did not, witness the occurrence. 5. PW 13 is Ghasi Lal, the real brother of deceased Smt. Bharosi. He has corroborated Miss Badam P.W. 12 on the point that accused Radhey Shyam did not treat deceased Bharosi his wife well and used to maltreat. He states that his father Kishan Lal had said to him that Radhey Shyam gave beating to Smt. Bharosi in the jungle and took her away by force. He also states that when he alongwith his sister Padam was going in a bullock-cart for fodder in jungle, two women met them in the village and told that people from Katphala has killed his sister. He went to the place of occurrence and saw that Poori Lal and one more person were standing there and Radhey Shyam, Moti, Bheru and Janina ran away from there. He saw them running away from a distance of 30 steps and Radhey Shyam had a Gandasi, Bheru had m axe and Jamna and Moti had lathi. He has also stated that Bharosi was lying dead and there were injuries on her person by Gandasi and axe etc. We have already referred to the statement of PW 13 and Miss Badarn did not state that she or her brothel witnessed the occurrence. We have already referred the statement of Dr. Dube, P.W. 16, who found seven injuries by blunt weapon. The two accused persons are said to have been armed with sharp edged weapons. We have already referred to the statement of PW 13 and Miss Badarn did not state that she or her brothel witnessed the occurrence. We have already referred the statement of Dr. Dube, P.W. 16, who found seven injuries by blunt weapon. The two accused persons are said to have been armed with sharp edged weapons. Statement of Ghasi Lal P.W. 13 also is that the accused appellants Radhey Shyam and Jamna were armed with Gandasi and axe respectively. His statement that these accused persons gave blow with their weapons to Smt. Bharosi in contradiction with the medical evidence as stated earlier. Thus, besides the fact that Miss Badam P.W. 12 who was also with him does not support him so far as the beating given by these two accused appellants to Smt. Bharosi is concerned, his statement is also contradictory to the medical evidence and as such no reliance can be placed on him. 6. In the result, we are of the opinion that the case against both the accused appellants is highly doubtful. Benefit of doubt goes to the appellants. The appeal is accepted. The judgment of learned Sessions Judge, dated 29-4-1982, convicting and sentencing each of the accused appellants Radhey Shyam and Jamna under Section 302/34 IPC is set-aside and each of the accused appellant is acquitted of the charge levelled against them. 7. Accused Jamna is on bail, he need not surrender to his bail bonds, which shall stand discharged. 8. Accused Radhey Shyam is in Central Jail, Jaipur, he shall be released forthwith, if not wanted in any other case.Appeal accepted. *******