N.C. SHARMA, J.— Nanu Ram son of Ganeshji Salvi aged 35 years was a resident of village Amarpura, Tehsil Vallabhnagar falling within the jurisdiction of Police Station Kanod. During the night intervening February 15, and February 16, .1985 Nanuram, his wife Smt. Raji and his two sons Pappu and Gopal were murdered in his house in the said village and only his daughter named Bhaguri aged about one year was spared. In connection with the murder of Nanuram, his wife and two sons, Girdharilal was charge sheeted, tried and found guilty by the Sessions Judge, Udaipur by his judgment dated June 2, 1987 for offences under sections 302, 380 and 460 I.P.C. The Sessions Judge, Udaipur has sentenced Girdharilal to death for offence under section 302 I.P.C. and has made D.B. Criminal Reference No. 3 of 1987 to this Court for confirmation of the death sentence. The Sessions Judge has also found Girdhari Lal guilty for offences under sections 380 and 460 I.P.C. and. has sentenced him for these offences to rigorous imprisonment for three years and five years respectively and also to a fine of Rs. 50/- each for the said two offences. Girdharilal has filed Jail Appeal No. 182 of 1987 against his conviction for all the three offences. This common judgment will decide both the Murder References as well as the Criminal Appeal filed by Girdharilal. 2. Before we proceed further, it may be noted that deceased Nanuram was a co-brother of Girdharilal. Smt Champa P.W.5 had three daughters. Her eldest daughter was Smt. Raji deceased. Her next daughter is Kastoori who was married to Girdharilal. Smt. Moti P.W. 2 and Smt. Naraini P.W. 7 were wives of Nanuranrs two brothers named Heeraji and Khemraj respectively. Smt. Champa P.W. 5 is mother of deceased Smt. Raji wife of Nanuram. Nanuram was son of the sister of Smt. Hiris mother. Smt. Dhapi P.W. 6 was a neighbour of Nanuram. Smt. Mathri P.W. 21 was the wife of one Shanker and she was also resident of village Amarpura. Nanuram was maternal uncles son of Rama P.W. 23 and Girdharilal was brother-in-laws son of Rama. Ratan Lal P.W. 11 and Chaina P.W. 24 were also related to Girdharilal. These were the relations of Nanuram and Smt. Raji deceased and that of Girdharilal accused who were examined as prosecution witnesses in this case. 3. Nanuram was maternal uncles son of Rama P.W. 23 and Girdharilal was brother-in-laws son of Rama. Ratan Lal P.W. 11 and Chaina P.W. 24 were also related to Girdharilal. These were the relations of Nanuram and Smt. Raji deceased and that of Girdharilal accused who were examined as prosecution witnesses in this case. 3. Hajari P.W. 1, who is also a resident of Amarpura arid whose house is at a distance of about a mile from the house of Nanuram, was going in the morning of February 15, 1985 to his field to fly away the parrots.. Pema Jat was also with him. In the way Mangu Salvi met them and told them that Nanuram has so far not got up from his sleep. Mangu Salvi apprehended the possibility of some thief having entered into the house of Nanuram for the reason that there was a wooden "theg" standing near Nanurams house. Some more village people has assembled and they asked that three or four persons may enter into the house of Nanuram. Thereupon Hajari P.W. 1, Pema and Laxman entered into the house of Nanuram through the roof of the house and found four dead bodies of Nanuram, his wife Smt. Raji and his two sons having injuries on their necks. Only one young daughter of Nanuram was alive and was weeping. These persons came out of the house and told about this fact to village people who had assembled there. Hamera P.W. 9 went to Jawan Singh P.W. 12 resident of village Malnawas which is at a distance of one K.M. from village Amarpura. Jawansingh was Sarpanch of Gram Panchayat Amarpura. Hamera P. W. 9 got a first information report Ex.P. 3 written from Jawan Singh Sarpanch and lodged it at Police Station Kanod on the morning of February 16, 1985 at 8.45 A.M. This F.I.R. was registered by Nahar Singh, Assistant Sub-Inspector of Police of Police Station Kanod and a case under section 302 I.P.C. was registered. 4. Mahadeo Prasad Yadav Deputy Superintendent of Police was posted at Dhariyawad. He undertook the investigation and went to the house of Nanuram in village Amarpura. He prepared a site plan Ex.P. 5 and a site inspection note Ex,P. 6 and also the inquest report of the four deceased on February 16,1985. 4. Mahadeo Prasad Yadav Deputy Superintendent of Police was posted at Dhariyawad. He undertook the investigation and went to the house of Nanuram in village Amarpura. He prepared a site plan Ex.P. 5 and a site inspection note Ex,P. 6 and also the inquest report of the four deceased on February 16,1985. Mahadeo Prasad Deputy Superintendent of Police arrested appellant Girdharilal on February 27,1985 under arrest memo Ex.P. 17 and also seized a bell bottom and a coat which Girdharilal was wearing at that time. It was alleged that on February 27,1985 Girdharilal accused, while in custody gave information under section 27 of the Evidence Act regarding a "Kulhari weapon of offence (without handle) and of some other articles and the said "Kulhari" was recovered from a "parat" land 1-1/2 K.Ms, away from village Amarpura from a pit 2-1/2 deep within the boundary of village Bohida. The wooden handle of the axe was also recovered on the same day from a bush of "ben" which was at a distance of 30 steps from the place from where the "Kulhari" (without handle) was recovered. Another information is alleged to have been given by Girdharilal and on the basis of the information, a "potli" tied in a handkerchief which contained a pair of silver "Karies" a silver "chataka" and a pair of silver "pholries" were recovered at the instance of Girdharilal. Later on Mahadeo Prasad Yadav Deputy Superintendent of Police handed over the investigation to Station House Officer Chhatar Singh Jhala P.W. 32 who recovered a silver "Kandora" a golden piece, certain silver ornaments, a watch and certain documents pertaining thereto from various dealers at Mandsaur and Madbya Pradesh at the instance of Girdharilal appellant. The articles seized were sent for chemical exmination particularly the "Kulhari" han-dle of "Kulhari and a "payjama" were found stained with B group blood. Autopsy on the dead body of the four deceased was conducted by Dr. Vijay Kumar Mehta P.W. 34. He found various incised wounds on the respective dead bodies and specially the cutting of neck of all the four deceased. 5. After trial the Sessions Judge, Udaipur found Girdharilal guilty for the offences under sections 302, 380 and 460 I.P.C. and convicted and sentenced him as aforesaid. Since the Sessions Judge had imposed death sentence on Girdharilal for the offence under sec. 5. After trial the Sessions Judge, Udaipur found Girdharilal guilty for the offences under sections 302, 380 and 460 I.P.C. and convicted and sentenced him as aforesaid. Since the Sessions Judge had imposed death sentence on Girdharilal for the offence under sec. 302 I.P.C. he has made Criminal Murder Reference No. 3 of 1987 to this Court for confirmation of the death sentence. Girdharilal has filed Jail Appeal against his conviction. 6. It is clear that there is no direct evidence in the case to show that Girdharilal murdered Nanuram, his wife and two sons on the night intervening February. 15 and February 16, 1985. The entire case of the prosecution rests on circumstantial evidence. The Sessions Judge, Udaipur has relied upon 14 pieces of circumstantial evidence in order to connect Girdharilal with the crime. These circumstances may be extracted below:- (1) Girdharilal was more or less unemployed and he was not employed on any regular and stable work. Smt. Champa P.W. 5, mother of deceased Smt. Raji, therefore, wanted to give Smt. Kastoori wife of Girdharilal in Nata to some one else because Smt. Kastoori was not happy with Girdharilal. (2) Smt. Raji was afraid of Girdharilal because she had impression that Girdharilal was indulged in committing of robbery and he might take away her goods after murdering her. (3) Girdharilal had demanded some amount as loan from Nanu Ram to which the later had refused. On account of this fact the relations between the two were strained. (4) Girdharilal had come to the house of Nanuram in the evening just preceding the night of the incident and Mathri PW 21 had seen him going to the house of Nanuram when Nanuram was out to Kanod. (5) On February 16, 1985 at about 9 or 10 A. M. Girdhari Lal was seen taking a bath and was washing clothes at a well of Dr. Ramnarain which was at a distance of 10 or 12 KMS from village Amrpura. At that time Girdhari La; was wearing the "pent" Ex. 8 which belonged to Nanuram deceased. (6) When Girdharilal was arrested on February 27, 1985 by the Deputy Superintendent of Police, he was wearing the coat Ex.P. 6 and the pent Ex. 8 which belonged to Nanuram deceased. At that time Girdhari La; was wearing the "pent" Ex. 8 which belonged to Nanuram deceased. (6) When Girdharilal was arrested on February 27, 1985 by the Deputy Superintendent of Police, he was wearing the coat Ex.P. 6 and the pent Ex. 8 which belonged to Nanuram deceased. (7) When Girdharilal was arrested on the above date he had a bag in his hand which contained a "payjama" having blood stains and it had been washed. The "payjama" was sent for chemical examination and blood stains of B group were found on it. (8) Kulhari Ex. 13 and wooden handle of Kulhari Ex. 16 were recovered on the information and at the instance of Girdharilal from a place not much away from village Amarpura and both these articles contained human blood of B group. (9) The beddings and the samples of the beddings and "chatai" seized from the house of Nanuram were blood stained and their blood group was B group. (10) On the information and at the instance of Girdharilal some silver ornaments like "Karlies" chatka" and "Phulri" pair were recovered on the information and at the instance of Girdharilal from village Peepalwas from a "thor" tree and the same was identified as belonging to Smt. Raji deceased. (11) On the information and at the instance of Girdharilal, certain silver ornaments like pair of "Anwala" and six "Kangarias" were recovered from the shop of Chandmal P.W. 19 from his shop at Mandsaur and that Girdharilal had pledged these articles with Chand Mal on February 19, 1985 after borrowing a sum of Rs. 1000/- and that these articles belonged to Smt. Raji deceased. (12) Girdharilal accused had sold a silver Kandora and three golden Murkies which he had got manufactured after getting a golden "bor" broken to Rajkumar P.W. 18 at his shop at Mandsaur for Rs. 250/-. (13) On the information and at the instance of Girdharilal a wrist watch Ex. 19 was recovered by the police from the shop of Mustafa Hussain P.W. 31 at Neemuch and he had purchased a new watch from Mustafa Hussain. The watch Ex. 19 was held to belong to Nanu Ram deceased. (14) On February 16, 1985 Girdharilal had purchased a transistor Ex. 18 from Satyanarain P.W. 13 from his shop at Mandsaur run under the name and "style of Chambal Radio and Electrical Works at Mandsaur. The watch Ex. 19 was held to belong to Nanu Ram deceased. (14) On February 16, 1985 Girdharilal had purchased a transistor Ex. 18 from Satyanarain P.W. 13 from his shop at Mandsaur run under the name and "style of Chambal Radio and Electrical Works at Mandsaur. Girdharilal was not financially sound enough to purchase transistor on February 16, 1985 for Rs. 290/- and when he was in need of money and had asked for a loan from Nanuram deceased. 7. These were the 14 pieces of circumstantial evidence which were held by the Sessions Judge to complete the chain as against Girdharilal and they were consistent only with his guilt and not with his innocence. Particularly emphasis was made by the Sessions Judge to the recovery of blood stained axe and blood stained wooden handle of axe recovered on the information and at the instance of Girdhari Lal from a place which was not at very great distance from the house of Nanuram deceased and that the axe and handle were found to be blood stained by the chemical Examiner and the group of the blood also tallied with the group of the blood of the deceased persons. The various silver articles recovered were identified in identification proceedings conducted by Shri Arvind Kumar Sharma, Munsif cum Judicial Magistrate Dhariyawad P.W. 35. During the identification proceedings Smt. Moti P.W. 2, Smt. Naraini P.W. 7 and Smt. Pyari P.W. 8 identified the silver articles as belonging to Smt. Raji deceased. Jeevan Ram P.W. 3 was Head Master of the Government Secondary School and according to him the coat Ex. 6 was issued to Nanuram deceased as uniform because Nanuram was employed as a class IV servant in that school. Hari singh P.W. 4 was also employed as a class IV servant in Government Secondary School Kanod and according to him coat Ex. 6 and pent Ex. 8 used to be worn by Nanuram deceased. The coat was issued to him as a livery from the school. According to the prosecution, various documents like Ex P. 2?/, Ex. P./28 and Ex. P./29, whereby Girdharilal got the golden "Bor" changed into golden "Murkies" sold golden Murkies so changed and pledged the silver articles at Mandsaur, bear the signatures of Girdharilal. 8. It was contended by Mr. The coat was issued to him as a livery from the school. According to the prosecution, various documents like Ex P. 2?/, Ex. P./28 and Ex. P./29, whereby Girdharilal got the golden "Bor" changed into golden "Murkies" sold golden Murkies so changed and pledged the silver articles at Mandsaur, bear the signatures of Girdharilal. 8. It was contended by Mr. Suresh Kumbhat, learned Amicus Curiae appearing on behalf of Girdharilal that there is no evidence that at or about the time the occurrence took place, any person had seen Girdharilal entering into the house of Nanuram or coming out of it. The axe and the wooden handle were reco-vered from an open place which was accessible to all and sundry and were visible to naked eyes. He also argued that when according to the prosecution, Girdharilal had pledged certain silver ornaments at Mandsaur and had also got golden "Bor" converted into "Murkies" and sold the "Murkies" at Mandsaur, it can hardly be believed that he would have hidden some silver ornaments in the bush of "thor" tree in an open place and would not have disposed them off. It was also contended that ornaments have been shown by the police to the identifying witnesses before they were identified before the Magistrate. The recoveries from Mandsaur and Neemuch were stated to be delayed recoveries. It was also urged that there was no motive whatsoever for Girdharilal to murder his co-brother Nanuram and his wifes sister Smt. Raji and their two children for petty gain. On the other hand, there is evidence of Smt. Mathri P.W. 21 wife of Shanker that her husband Shanker had developed illicit relations with Smt. Raji wife of Nanuram and due to this reason relations between Nanuram and Shanker were strained. The Police did not make any investigation as against Shanker in the back ground of the version given by Smt. Mathri. It was also pointed out that the recoveries of Kulhari and silver ornaments on the information and at the instance of Girdharilal from the open place should not be believed and is improbable. The Police did not make any investigation as against Shanker in the back ground of the version given by Smt. Mathri. It was also pointed out that the recoveries of Kulhari and silver ornaments on the information and at the instance of Girdharilal from the open place should not be believed and is improbable. Lastly, it was contended that mere recovery of certain alleged stolen articles on the basis of information given by Girdhari Lal and at his instance is not a circumstance which may lead to the conclusion that theft and murder were part of the same transaction and do not connect Girdharilal with the offence of the murder. 9. Dr. Vijay Kumar Mehta P.W. 34 had conducted autopsy on the dead bodies of Nanuram, Smt. Raji, Gopal and Pappu. All the dead bodies had incised wounds. The wounds were mostly inflicted on neck. Nanuram deceased had six incised wounds. So far as Smt. Raji was concerned, her both legs were also cut. The injuries sustained by all the four deceased were sufficient in the ordinary course of nature to cause death. According to Dr. Mehta, all the injuries on the four deceased could be inflicted by Kulhari article 13. Dr. Mehta had stated that edge of Kulhari article 13 was sharp and it was a sharp edged weapon. Neither these injuries could be self inflicted nor any suggestion to that effect was made on behalf of the accused to Dr. Mehta. It is thus clear that all the four deceased died a homicidal death and the injuries sustained by each of them were sufficient in the ordinary course of nature to cause death. 10. It is clear that there is no direct evidence with regard to the commission of the offence and the case entirely rests on circumstantial evidence. Girdhari Lal was Smt. Rajis sisters husband. Smt. Champa P.W. 5 is the mother of Smt. Raji deceased as well as of Kasturi wife of Girdhari Lal accused. Smt. Champa PW 5 has deposed that she had three daughters. The eldest daughter was Smt. Raji deceased who was married to Nanuram. Next daughter was Kasturi who was married to the accused Girdhari Lal. According to her, while Smt. Raji was living in happiness with Nanuram, Kasturi was unhappy with Girdhari Lal because he was unemployed, committing thefts and indulge in gambling. The eldest daughter was Smt. Raji deceased who was married to Nanuram. Next daughter was Kasturi who was married to the accused Girdhari Lal. According to her, while Smt. Raji was living in happiness with Nanuram, Kasturi was unhappy with Girdhari Lal because he was unemployed, committing thefts and indulge in gambling. Girdhari Lal had taken away silver Karas of Kasturi from Smt. Champas house and Smt. Champa does not know what was done of these Karas. Smt Champa had also deposed that Girdhari Lal used to snatch away whatever little earnings Kasturi herself made. Smt. Champa was, therefore, even thinking of giving Kasturi in "nata marriage" to some other person. In her cross-examination, Smt. Champa stated that she did not know if Smt. Raji had illicit relations with Shanker, husband of Mathri PW 21. Smt. Champa has disowned and contradicted herself from that portion of her police statement wherein she had stated that Smt. Rajis father-in-law had come to her and had requested her to protect his helf respect by advising Smt. Raji not to talk with Shanker and not to go to the house of Dhapu PW 6. The statement of Smt. Champa in her cross-examination goes to show that she is not truthful witness and is suppressing the illicit relations which Smt. Raji had with Shanker. In any event, Smt. Champas statement does not connect Girdhari Lal with crime. All that can be said from the evidence of Smt. Champa PW 5 and Ratan Lal PW 11 is that Girdhari Lal had for some time worked on mines but later on he left the job and did not go to the work. Since Girdhari Lal was jobless, he was not, in a position to maintain himself and his wife Kasturi and even took away some silver ornaments of Kasturi from Smt. Champa. That was why Smt. Champa was contemplating of giving her daughter Kasturi wife of Girdhari Lal accused to some one else in "nata". 11. The prosecution has also adduced evidence to the effect that Smt. Raji deceased, during her life time, was very much afraid of Girdhari Lal accused. In that connection, there is evidence of Dhapu PW 6, neighbour of Nanuram deceased, that on two occasions Girdhari Lal had come to the house of Nanuram. 11. The prosecution has also adduced evidence to the effect that Smt. Raji deceased, during her life time, was very much afraid of Girdhari Lal accused. In that connection, there is evidence of Dhapu PW 6, neighbour of Nanuram deceased, that on two occasions Girdhari Lal had come to the house of Nanuram. Smt. Raji deceased had then complained to Dhapu PW 6 that she was afraid of Girdhari Lal because he did not allow them to sleep and indulged in thefts. Heeri PW 10, another neighbour, has deposed that Smt. Raji was afraid of Girdhari Lal and even apprehended that he might murder her and take away all her belongings. Mathri PW 21 has deposed that Girdhari La! had come to the house of Nanuram three days before the incident At that time Nanuram was out from the village Amarpura and gone to Kanore. Smt. Mathri PW 21 happened to go to the house of Nanuram on the day before the incident. Smt. Raji deceased then told to Smt. Mathri that her husband had gone out to Kanod and, therefore, Smt. Mathri should send her husbands younger brother to sleep at Smt. Rajis house because she was afraid of Girdhari Lal. Smt. Raji had also told to Smt. Mathri that Girdhari Lal had sold ornaments of her sister Kasturi and does not give her anything to eat. It was also told by Smt. Raji that relations between Girdhari Lal and Nanu Ram were strained for the reason that Girdhari Lal has asked for some money from Nanuram which the later refused to give. Evidence of these witnesses does not carry the matter to the extent to connect in any way Girdhari Lal with the crime of murdering Nanuram, Smt. Raji and her two children. At the most, it can be said that both Smt. Raji and her mother Smt. Champa were very much unhappy with Girdhari Lal accused for the obvious and simple reason that Girdhari Lal was jobless and was not earning his livelihood. Abject poverty of Girdhari Lal was the reason that even his near relations like mother-in-law Champa PW 5 and his wifes real sister Smt. Raji were disgusted with him and wanted to keep away from him lest he might not ask from them any amount as loan to maintain himself and Smt Kasturi. Abject poverty of Girdhari Lal was the reason that even his near relations like mother-in-law Champa PW 5 and his wifes real sister Smt. Raji were disgusted with him and wanted to keep away from him lest he might not ask from them any amount as loan to maintain himself and Smt Kasturi. Smt. Kasturi was living with; Girdhari Lal accused in great financial difficulties and her mother was seriously contemplating to give her daughter Kasturi in "nata" to some other person. 12. There is nothing to show that Girdhari Lal accused was at the house of Nanuram on the dreadful and ghastly night intervening 15th and 16th February 1985. Rama PW 23 has only said that Girdhari Lal had stayed at his house in village Alod five or six days before the incident. He had also stayed after the incident for four days at the house of Taru PW 29. Dhapu PW 6 and Mathri PW 21 deposed about having seen Girdhari Lal in village Amar-pura at the house of Nanuram three days before the incident. From this evidence, it cannot at all be said that deceased Nanuram and his deceased family members were last seen in the company of Girdharilal accused. 13. Learned Public Prosecutor contended that a sudden turn had come into Girdhari Lals means on February 16, 1985 and onwards. It was pointed out that on February 16, 1985 Girdhari Lal purchased an Empire transistor for Rs. 290/- from M/s. Chambal Radio and Electric Works, Mandsaur. Satyana-rain PW 13 has been examined on this point. Satyanarain was employed at the shop of M/s. Chambal Radio and Electric Works. He has deposed that on February 16, 1985 Girdharilal accused had purchased an Empire transistor for Rs. 290/- and the proprietor of the shop named Mohan Lal had issued bill Ex.P/21 and Guarantee Card Ex.P/22 in this respect to Girdharilal. That transistor is article 18 and it was recovered from the possession of Girdhari Lal alongwith the bill and the guarantee card by the police. Then on that very day Girdhari Lal pledged one pair of silver amla" Article 5 and one silver kangharia Article 6 at the shop of M/s. Vinod Kumar Roopal Kumar Jain, Mandsaur whose proprietor is Chandmal PW 19. Chandmal PW 19 has deposed that Girdhari Lal had come to his shop and pledged the above silver ornaments with him for Rs. Chandmal PW 19 has deposed that Girdhari Lal had come to his shop and pledged the above silver ornaments with him for Rs. 1000/-and he had issued a document Ex.P./29 to Girdhari Lal in this respect on February 16, 1985 and that it bears the signatures of Girdhari Lal from A to B. These purchase and pledge transactions were entered into by Girdhari Lal on the very next day of the incident. It may be mentioned that transistor Article 18 is admittedly not stolen property. It was purchased by Girdhari Lal himself for an amount of Rs. 290/-. Chandmal PW 19 has deposed that silver amla and Kangharia were pledged with him by Girdhari Lai but Ex. P./29 does not mention anything about pledge. On the other hand, it mentions the word "sale". 14. Then it was pointed out that on February 17,1985 Girdhari Lal had gone to the shop of Mustafa Hussain PW 31 and pledged an HMT wrist watch article 19 with him for Rs. 100/- and purchased a new wrist watch article 22 for Rs. 397/- from him. With regard to the HMT wrist watch pledged with Mustafa Hussain, a parchi Ex. P./63 was issued to Girdhari Lal, and in respect of new watch article 22 purchased by Girdhari Lal a cash memo Ex. P./62 was issued to him. Mustafa Hussain has deposed that parchi Ex. P./63 was got written from some person sitting at his shop and Girdhari Lal had signed on it. It is worthy to be noted that while Ex. P./62 does not mention the name of Girdhari Lal as purchaser of a new HMT watch, Ex. P./63 does not mention the name of Mustafa Hussain with whom the old HMT watch is alleged to have pledged. Ex. P./63 neither mention the amounts for which the old watch was pledged nor it used the word pledged. Consequently, both these documents are highly suspicious and untrustworthy. It is important to be noticed that in his examina-tion-in-chief Mustafa Hussain PW31 had deposed that it was on January 17,1985 -that Girdhari Lal had pleadged the old wrist watch with him and on that very date he had purchased the new HMT wrist watch. This is contrary to the prosecution version that the old watch was pledged and new watch was purchased by Girdhari Lal on February 17,1985. This is contrary to the prosecution version that the old watch was pledged and new watch was purchased by Girdhari Lal on February 17,1985. Mustafa Hussain did not even maintain any carbon copy of the cash memo or bill Ex. P./62. In his place statement Ex.-D/10, Mustafa Hussain did not mention about the amount for which the old watch was pledged with him and about the amount for which new watch was purchased from him by Girdhari La*l accused. The whole deal is quite suspicious and unnatural to be believed when we have a look at the documents Ex. P./62 and Ex. P./63. 15. We may point out very categorically that certain glaring facts and circumstances in this case sound a death knell to the entire prosecution case and make it clear that prosecution has foisted a charge of murder at Girdhari Lal accused. Here is a police officer Mahadeo Prasad Yadav of the rank of Deputy Superintendent of Police who has clearly deposed that he had arrested Girdhari Lal accused on February 27,1985 under the arrest memo Ex. P./59. There is a document Ex. P./19 on the record whereby Shri Mahadeo Prasad Yadav had seized two cloth scrapings from Hari Singh from the cloth sample out of which pent and bush shirt was issued to the Nanuram deceased from the school. This seizure memo Ex. P./19 is dated February 23, 1985 i.e. four days prior to the arrest of the accused. It is really amazing and astounding that how Ex. P/19 bears the signatures of Girdhari Lal accused when he was not even arrested on that date by the police and was arrested four days later on Feb. 27, 1985. Shri Mahadeo Prasad Yadav was specifically questioned on this aspect of the matter. In his examination-in-chief Shri Mahadeo Prasad Yadav had deposed that Ex, P./19 bears the signatures of the accused at place E to F but in later part of his statement he admitted that the accused was not present when Ex. P./19 was prepared and that signatures of the accused were also not obtained on Ex. P. 19. He stated that he was not in position to explain as to how signatures of the accused found place at place E to F on Ex. P./19. According to him, neither the accused was present on that date nor his signatures were there. P./19 was prepared and that signatures of the accused were also not obtained on Ex. P. 19. He stated that he was not in position to explain as to how signatures of the accused found place at place E to F on Ex. P./19. According to him, neither the accused was present on that date nor his signatures were there. This fact clearly goes to show that Ex. P./19 is fabricated document and signatures of the accused were indiscriminately obtained by Shri Mahadeo Prasad Yadav on a document like Ex. P./19 which could not clearly come into existence on February 23,1985 i. e. four days before the arrest of the accused. 16. The matter does not rest here. Ex. P/18 is the seizure memo of certain silver ornaments like karris, chatka and pholriyas alleged to have been recovered by Mahadeo Prasad Yadav, Deputy Superintendent of Police, on the information u/s 27 of the Evidence Act given by the accused from a bar of a thor in the beer of Gopiji Jat of village Peepalvas. The seizure memo Ex. P/ 18 although makes columns of date and time but the Investigating Officer neither mentioned the date nor time of seizure of these silver ornaments from the above place. Ex. P/18 is completely an undated document and that renders the recovery sought to be proved by it highly doubtful. 17. Evidence has also been adduced that on February 22, 1985 Girdhari Lal went to the shop of Ramesh Chandra PW 17 and gave to the later golden "bor" to be broken and out of that gold to manufacture golden "murkies". Rameshchandra PW 17 manufactured "murkies" for Girdharilal from the golden "bor" and made an entry about it in his diary. Ex. P/23 is the photo stat copy of the diary entery recording this transaction. Thereafter on that very day Girdhari Lal went to the shop of M/s. Mahavir Traders at Mandsaur and sold the golden "murkies", two pieces of gold and a silver kandora to Rajkumar PW 18 who is proprietor of M/s. Mahavir Traders. It is stated that silver kandora was sold by Girdhari Lal for Rs. 250/- while golden "murkies" and pieces of gold were sold for Rs. 350/- A slip regarding sale of golden, murkies Ex, P./28 has been produced which is said to bear the signatures of Girdhari Lal. It is stated that silver kandora was sold by Girdhari Lal for Rs. 250/- while golden "murkies" and pieces of gold were sold for Rs. 350/- A slip regarding sale of golden, murkies Ex, P./28 has been produced which is said to bear the signatures of Girdhari Lal. If we go through the evidence of Rajkumar PW 18, it would appear that he has clearly stated in his cross-examination that the original decumbent regarding, the purchase of golden article was torn by the police and a duplicate parcha was got prepared from him at the hotel and it was at the instance of the police that he prepared Ex. P/28 and mentioned in it the weight of "murkies" as three grams while as a matter of fact their weight was two grams 800 miligrams. It would thus appear that the Investigating Officer Shri Mahadeo Prasad Yadav Deputy Superintendent of Police (PW33) not only fabricated document Ex. P/19 but also fabricated seizure memo Ex. P/18 and got prepared a false document Ex.P/28 from Raj Kumar. If the Investigating Officer can go to this length of preparing false recovery and seizure memos and getting false documents prepared from silver and gold dealers and produced documents which do not record the transaction of pledging of watch and silver amla and khangaria, it becomes crystal clear that he has attempted to foist the crime of murder on a person by fabricating documents. How can even a presumption of theft, what to say of murder, can be drawn in the background of these fabrications and manipulations. 18. There is evidence of Mathri P.W. 21 who is wife of Shanker. Mathri has clearly stated in her cross-examination that her husband Shanker had illicit relations with Smt. Raji, wife of Nanuram deceased. Smt. Mathri had complained about this to her husband Shanker and in return she was beeten by Shanker. Mathri has also deposed that her husband Shanker was caught red handed having illicit connections with Smt. Raji deceased. Due to this, relations between Nanuram and deceased Shanker had become strained. Shanker had become annoyed with Nanuram and used to tell that Nanuram had defamed him and he Will kill him. This is the evidence of wife of Shanker himself. How can the possibility be ruled out about the connections of the Shanker with the crime ? 19. Due to this, relations between Nanuram and deceased Shanker had become strained. Shanker had become annoyed with Nanuram and used to tell that Nanuram had defamed him and he Will kill him. This is the evidence of wife of Shanker himself. How can the possibility be ruled out about the connections of the Shanker with the crime ? 19. It is clear that Girdhari Lal was co-brother of Nanuram deceased and used to visit Nanurams house. Wives of Nanuram and accused were real sisters. Smt. Kasturi had even gone to the house of Nanuram when a child was about to be born to Smt. Raji. Having regard to the nearness of the relationship between Nanuram and the accused and Smt. Kasturi with Smt. Raji, it is difficult to believe that such a near relation would have murdered Nanuram, his wife and their two childrens and more so when no presumption can be drawn on such fake and fabricated recoveries as have been put forward by the prosecution. 20. Reliance was placed by the learned public prosecutor on the fact that the silver articles recovered and seized were identified by close relations of Smt. Raji like Moti PW 2, Narayani PW 7 and Pyari PW 8. Therefore, it was urged that they were the best persons to identify the ornaments of Smt. Raji. When the recovery itself has been rendered to be fake, what is the value of this identification. Moreover, such silver ornaments are worn by several ladies in village and in community to which the deceased belonged. It is also be noticed that Smt. Pyari PW 8 had admitted in her cross-examination that the police had already shown to her the ornaments before identification test and had told her to identify particular articles before the Magistrate. Reliance has also been placed on behalf of the prosecution regarding the fact that coat article 6 was issued from the school to Nanuram deceased as livery and pent Art. 8 also belonged to Nanuram and both these articles were seized from the accused at the time of his arrest. Shri Mahadeo Prasad Yadav PW 33 has stated that when he got arrested the accused, he was wearing this coat and pent. Shri Mahadeo Prasad Yadav PW 33 has stated that when he got arrested the accused, he was wearing this coat and pent. It is quite unnatural that a person who has murdered his near relations will wear the coat and the pent of the deceased simply to facilitate his arrest and involvement in the offence like murder. Reliance was also placed on the fact that axe article 13 was recovered on the information given by Girdhari Lal accused and it was found to be stained with human blood of Group B It was urged that the pieces of goodras seized from the house of Nanuram deceased were also found to be having blood of human Group B. Thus it was contended that the weapon of offence which was stained with human blood of the same Group was recovered on the information given by the accused. With regard to this recovery, it may be stated that admittedly the axe did not belong to the accused. Chaina PW 24 had stated that there was an axe which used to be kept at the field of his brother Ramu PW 23: According to him, Girdhari Lal had come to the house of Rama and had stayed at his house for two days. Chaina has said that their axe article 13 was missing since the time Girdhari Lal left their house. The axe article 13 is stated to have been recovered from a natural pit on a parat land within the boundry of Bohida village at a distance of 1-1/2 Kms. from village Amarpura. Axe was recovered from an open place accessible to all and sundry. It may also be mentioned that Chaina has deposed that the axe had an old wooden handle also affixed to it. That old handle was not recovered but another handle was recovered under the seizure memo Ex. P 18. In our opinion, the recovery of the blood stained axe by itself is not sufficient to hold Girdhari Lal guilty of murder. Group B blood is most common blood and the prosecution has failed to establish that the blood group of Girdhari Lal was not B group blood. Reference in this connection may be made in the decision of Delhi High Court in Ram Singh Vs. State (1) 21. It is well settled since the decision of their Lordships of the Supreme Court in Hanumant Govind Nargundkar Vs. Reference in this connection may be made in the decision of Delhi High Court in Ram Singh Vs. State (1) 21. It is well settled since the decision of their Lordships of the Supreme Court in Hanumant Govind Nargundkar Vs. State of Madhya Pradesh (2) that it is well to remember that in cases where the evidence is of circumstantial nature, circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed 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 and it must be such as to show that within all human probability the act must have been done by the accused. When in the instant case it has been shown that even fabricated recovery memos, bills and perches have been prepared, even the fact of recovery of stolen articles belonging to the deceased family has not been established. There are thus no circumstances in the case which connect the accused Girdhari Lal with the crime. In this view of the matter, it is needless for us to go into another important question as to whether mere recovery of stolen articles from the possession of and on the information of and at the instance of an accused can or cannot connect the accused with the offence of murder. 22. We allow D. B. Criminal Appeal No. 182 of 1987 filed by Girdhari Lal against his conviction u/ss. 302, 380 and 460 I.P.C. and acquit him of the charges under these sections framed against him. The accused Girdhari Lal is in jail and he shall be released forthwith if not required otherwise. We, consequently, dismiss D. B. Criminal Murder Reference No. 3 of 1987. 23. As to the disposal of various articles seized, we hereby order that Kulhari, Baisa and babul tree Chhilkas and tail seized under Exs. P/12, P/13, P/15 and P/16 will be destroyed. Coat, Bellbottom and handkerchief, "Karias" "chatka" and "pholaries" seized under EX.P./17 and Ex. We, consequently, dismiss D. B. Criminal Murder Reference No. 3 of 1987. 23. As to the disposal of various articles seized, we hereby order that Kulhari, Baisa and babul tree Chhilkas and tail seized under Exs. P/12, P/13, P/15 and P/16 will be destroyed. Coat, Bellbottom and handkerchief, "Karias" "chatka" and "pholaries" seized under EX.P./17 and Ex. P./18 will be returned to the serviving legal representatives of Nanuram and Smt. Raji respectively. Cloth scrappings seized under Ex. P./19 will be destroyed. Empire transistor and guarantee card will be returned to Girdhari Lal. "Dali" of gold and silver wire Articles 20 and 21 will be returned to Rajkumar P.W. 18. Watch Article 19 will be returned to Mustafa Hussain P.W. 31. Silver amla and silver Kangarias (six in number) Articles 1 and 2 will be returned to Chand Mal P.W. 19. Rest of the articles will be destroyed.