JUDGMENT D. P. Sood. J.—Tul Bahadur, appellant, was tried, convicted and sentenced to life imprisonment and to pay a fine of Rs 1,000 and in default to further simple imprisonment for six months for the commission of the offence under section 3011. P.C. vide impugned judgment dated 22nd July 1991 passed by the learned Sessions Judge, Shimla, in Sessions trial No 2-S/7 of 91. Aggrieved with the same, the appellant has directed the Instant appeal against It. 2. A short narrative of the prosecution case would show that the appellant was charge-sheeted for the commission of the murder by Intentionally causing the death of his wife Smt Lati alias Tara at village Kungal-Balti, on or about September 12. 1990. Both, the appellant and his wife, since deceased used to live in a one room house situated in an orchard belonging to Balbir Singh (PW-2) in Kungal-Balti. The appellant was employed by PW-2 to look after the orchard, in the month of April 1990, on a monthly salary of Rs 700 On September 14 1990 PW-2 Balbir Singh who is employed as Senior Accountant in H P M C Odi came to the orchard alongwith one Gorkha Debu Ram and his wife Durei with a view to pluck the apples Since Smt. Lati alias Tara was sister of Durgi. therefore, she accompanied him to see her sister- When they reached in the orchard at about 2 p m. the house was found bolted from outside PW Balbir Singh went to the orchard and Debu and Durgi sat outside the house on the bench On opening the door of the house it was found that somebody was sleeping in the bed but was not resDondine PW Durgi removed the quilt and found that Smt. Lati alias Tara was lying dead in the bed. The bed was also found bloodstained They searched for the accused but he was not available PW 2 Balbir Singh then narrated the whole incident to his cousin PW-5 Jyoti Swaroop who reported the matter to the police post Nankhari by telephone Debu Ram and his wife we^ left on the spot. The bed was also found bloodstained They searched for the accused but he was not available PW 2 Balbir Singh then narrated the whole incident to his cousin PW-5 Jyoti Swaroop who reported the matter to the police post Nankhari by telephone Debu Ram and his wife we^ left on the spot. Since no Investigating Officer was available at Police Post Nankhari, therefore, a wireless message sent from the said police post to police station Rampur, from where on once party beaded by PW-18 Inspector Lai Man came to the spot receded the statement of Balbir Singh (PW-2) under section 164 Cr PC £S He made an endorsement Ex PC/1 thereupon and sent it for registration of a criminal case. Thereafter he visually inspected the dead body prepared its inquest report (Ex. PE> got it photographed and later on got an autopsy conducted thereof on the spot from PW-1 namely Dra Malhotra. He also inspected the spot prepared the site-plan Exs PO and PR with its marginal notes and took into possession various items found there connected with the case besides blood stained bedding blood stained shirt allegedly found under a Kilta after preparation of various Memos having observed the codal formalities in respect thereof. He also recorded the statements of various witnesses Later finding the accused absconding and not available in the village, he constituted a search party headed by Head Constable Vijay Kumar who arrested the accused on 24-9-1990 at the bus-stand, Shimla. After his arrest, he was interrogated whereupon he made a disclosure statement (Ex PH) which was reduced into writing through Sub-Inspector Hukam Singh, by the Investigating Officer who appended his signatures Later on an axe, a lethal weapon, was recovered consequent thereto. He also obtained the reports of the Chemical Examiner and that of the Sexologist during the investigation. On completion thereof, charge sheet was filed against the accused in the Court, for the commission of the offence under section 302 I. P. C. 3. To the charge, the accused pleaded not guilty and claimed to be tried. 4. No particular defence had been taken by the appellant at the trial stage. On completion thereof, charge sheet was filed against the accused in the Court, for the commission of the offence under section 302 I. P. C. 3. To the charge, the accused pleaded not guilty and claimed to be tried. 4. No particular defence had been taken by the appellant at the trial stage. However, it was suggested that the appellant did not commit the crime as he was away from his village from 10th September 1990 till he was arrested by the police on 24 9-1990 and he remained admitted in the hospital, firstly at Theog and thereafter on being referred to Shimla he got himself treated at the said place. The Court below on appreciation of evidence, rejected this plea. 5. The trial Court found that the circumstances detailed at serial Nos. 1 to 5 came to be established beyond doubt but the other two circum stances relied upon by the prosecution detailed at serial Nos. 6 and 7 do not establish any link between the appellant and the commission of offence in question The circumstances so relied upon by the prosecution are as under ;— (i) the strained relations between the accused and the deceased ; (ii) the accused and the deceased last seen together while they were quarrelling on September 12, 1990; (iii) the absconding of accused from village and his arrest in Shimla; (iv) the recovery of ornaments of the deceased from the possession of the accused ; (v) the recovery of blood stained shirt of the accused from the spot; (vi) recovery of bangles pieces from the place of occurrence ; and (vii) recovery of weapon of offence i. e. axe, Ex. P/9 at the instance of the accused. 6. The death of Smt Lati alias Tara is of homicidal nature. The prosecution case, in fact hinges entirely upon the circumstantial evidence. 7. Now where the evidence is of a circumstantial nature, the circum stances 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. 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. 8. In view of the above, the question that emerges is whether the prosecution has established the five circumstantial evidences heavily banked upon by the prosecution to prove the guilt of the appellant The first circumstance is that the deceased and the appellant were having strained relations. To prove this fact PW 7 Lai Bahadur father of the deceased has stated that the appellant and the deceased were married four or five years before the occurrence ; that they used to lead an unhappy married life and on the contrary used to quarrel with each other. According to him, Smt. Lati alias Tara had visited him in the month of Chait and told him that she was beaten by the accused-appellant. Further that after about 3 days of her arrival the accused had apologised and taken back his wife with him to his home. In fact there is no positive evidence as to what kind of quarrel there used to be in between them. Except one sporadic instance deposed to by PW-7, there is no other definite evidence in this behalf. The mere fact that the appellant used to suspect her (deceased) of her fidelity, is not sufficient to indict the farmer’s complicity in the commission of the offence in question. 9. The deceased never reported the matter to the police nor took any legal steps against the appellant with a view to live separately or get herself divorced from him or seek maintenance In this view of the matter, this is a very weak type of circumstance to connect the accused with the commission of offence. 10. The second circumstance is that the accused and the deceased were last seen together while they were quarrelling on September 12, 1990 by Hira Singh 11. 10. The second circumstance is that the accused and the deceased were last seen together while they were quarrelling on September 12, 1990 by Hira Singh 11. In the instant case, we are satisfied that Smt Lati alias Tara has been murdered in the room of her residential house We have also, no doubt, noticed that the appellant and the deceased were the only occupants of that room. These facts have also not been challenged by the learned Counsel for the appellant. However, the question that falls for consideration is whether or not the appellant was the person who had last seen both the appellant and the deceased on 12-9-1990 while they were quarrelling in their own language (Nepali language)? PWs 2, 10 and 18 read with F. I. R. Ex. FK and inquest report Ex. PE have supported the prosecution case in this regard. After going through their evidence, we do find that there is some amount of consistency in their evidence but mere congruity or consistency are not the sole test of truth, Sometimes even falsehood is given an adroit appearance of truth so that truth disappears and falsehood comes on the surface. This appears to be one of those cases There are many inherent improbabilities io the prosecution case particularly with reference to PW 10 Hira Singh having lastly seen both the appellant and the deceased together on 12-9-1990 while quarrelling in their own language. In the first place, Balbir Singh (PW 2) is the author of the complaint upon the basis of which criminal case vide F. I. R. Ex PK against the appellant was registered. From his sworn testimony, it is crystal clear that before lodging the report he went to the shopkeeper Hira Singh (PW 10) who informed him that the accused and Smt Lati alias Tara were quarrelling on 12-9-1990. However, he has not at all mentioned this fact in the F. I. R. Ex. PK This was a material fact which had come to his knowledge through PW 10, earlier to the lodging of the report. On the contrary Hira Singh PW 10 in his cross-examination has emphatically stated that he did not tell the above said fact to anyone else. We find that in view of the contents of the FIR. PK This was a material fact which had come to his knowledge through PW 10, earlier to the lodging of the report. On the contrary Hira Singh PW 10 in his cross-examination has emphatically stated that he did not tell the above said fact to anyone else. We find that in view of the contents of the FIR. Ex- PK, this statement of PW 10 appears to be correct in comparison to that of PW 2 Balbir Singh who appears to have intentionally told a lie before the trial Court Secondly, the factum of Hira Singh, PW 10, having disclosed the quarrel in between the appellant and his wife Smt Lati also does not find mention in the inquest report Ex. PE when Balbir Singh (PW 2n was also present at the time of its preparation Thirdly, had this fact been correct, Balbir Singh (PW 2) would not have stated in the F. I R, Ex PK, or inquest report, Ex, PE that "Tul Bahadur has absconded after committing murder of his wife due to some domestic dispute or that this incident seems to have occurred within the last 5/7 days." 12. When the factum of quarrel allegedly between the accused and the deceased occurred on September 12, 1990, was not disclosed to anyone by P W 10, how the police came to know of his presence on the spot on that day or how they found that PW 10 had last seen both the accused and the deceased together. This conclusion which we are inferring from the above said facts, is further strengthened by the denial of PW 10 having been made in portion "A’ to ‘A’ of his statement marked X/F recorded under section 161 of the Code of Criminal Procedure to the police during investigation though it is stated to have been correctly recorded by PW 18 Inspector Lai Man, the then Investigating Officer. 13. 13. We are of the firm opinion that Hira Singh (PW 10) is a got-up witness, la fact, he was the best witness to be introduced because the appellant was the customer who used to purchase daily consumable articles from him and he was the best; witness to identify both the appellant as also the deceased Another factor which makes the presence of PW 10 Hira Singh unnatural at the spot is that on September 12, l990, was Wednesday and naturally a shopkeeper in the ordinary course would be present at his shop. This witness has not assigned any reasons as to why he had gone to Khadrala. In addition thereto, though the appellant is stated to have been indebted to him (PW 10) in the sum of Rs 365 yet this witness does not demand his money from the appellant despite having met him allegedly on 12-9-1990. All these factors taken together, in our opinion, discredit his entire statement. As such this circumstance doss not appear to have been fully established by any cogent, consistent and convincing evidence, 14. The cumulative effect of the above said infirmities taken together indicate that Hira Singh (PW 10; has been introduced by the place to fill up the lacuna in the prosecution version.. 15. The third circumstance pertains to the absconding of the accused from the village after 12-9-1990 as alleged Earlier we have already observed that the prosecution has failed to establish the presence of PW 10, Hira Singh at the spot in village Kungal Balti and his having last seen both, the appellant as also the deceased on September 12, 1990. In view of the above, question arises whether the appellant had absconded or in the ordinary course left his Dera on September 10, 1990 for treatment because of his having suffered from stomach pain. He then states to have come to Theog and got bin self treated in the hospital by remaining indoor patient therein, where after as per his version, he was referred to Shimla where he continued his treatment by getting himself checked up by the medical experts of the hospital and took medicine. He further stated that he had been cured of his suffering and when he boarded a bus to go back to his Dera on 24-9-1990 it was at that time that he was arrested by the police. He further stated that he had been cured of his suffering and when he boarded a bus to go back to his Dera on 24-9-1990 it was at that time that he was arrested by the police. As regards recovery of the ornaments on his personal search, he denied the same and disowned the said articles The learned Sessions Judge has heavily relied upon the statements of sworn statements of PWs 2, 4, 6, 13 and 18 respectively. The factum of his wife having met with homicidal death cannot be disputed. His arrest on September 24, 1^90 by the police at Bus Stand, Shimla, while he was boarding a bus is also not in dispute. Another fact that the entrance door of his residential house was found bolted from outside is also not in controversy. Further the dead-body of his wife having been found in a highly decomposed condition and emitting foul smell which could be judged even from outside the room as stated by PWs 2 and 6 on September 14,1990 also is established from the record. As observed earlier, there is no positive evidence on record to establish till what date both appellant and his wife lived together. The factual of the accused having stayed at Kiaru, Tehsil Theog for a week with PW 16, Hira Singh as his servant in his hotel is also supported by his sworn testimony when he says that the accused agreed to remain in service for a year, though he remained as such only for a week. He then also deposed that the accused used to remain awake during night and go on smoking Biris and on his enquiry, he apprised him that he was ailing. On being apprised of this fact, PW 16 states that he got medicines for the accused from Theog by sending him (appellant) there. No doubt, this witness also deposes about handing over of the ornaments to him for being kept in safe custody and then getting it back when he left that place The appellant belongs to Nepal. Had he committed the offence, in the first instance his natural conduct would have been to have gone to a distant place like Nepal immediately. No doubt, this witness also deposes about handing over of the ornaments to him for being kept in safe custody and then getting it back when he left that place The appellant belongs to Nepal. Had he committed the offence, in the first instance his natural conduct would have been to have gone to a distant place like Nepal immediately. His having sought employment in village Kiaru, Tehsil Theog and then remaining at Theog or at Shimla without concealing himself does not indicate that he was suffering from any fear-psychosis of the commission of any offence at that time. 16. While recording the statement of PW 16 the police did come to know regarding the stay of the appellant at Kiaru in Theog The investigating agency should have investigated as to from which place and from what date the appellant got himself treated. His version is that he was admitted in the Civil Hospital at Theog. This was a definite evidence which could have been collected by the investigating agency and thereby they could have established as to since when he left Kungal Balti. Why investigation on this line was not done, leaves a lacuna in the authenticity of the prosecution version. The only evidence with respect to the last seen Theog was that of PW 10 Hira Singh which has been discarded by us for the reasons discussed earlier In the absence of any positive evidence on the part of the accused as to on what date and at what time he left his residence in village Kungal Balti at the most raises a grave suspicion against the appellant of his involvement in the commission of the offence in question. 17. It is well settled that the prosecution must stand or fall on its own legs and it cannot derive any strength from the weakness of the defence Where various links in a chain are in themselves complete, then a false plea or a false defence may be called into aid only to lend assurance to the Court. In other words, before using the additional link it must be proved that all the links in the chain are complete and do not suffer from any infirmity. In other words, before using the additional link it must be proved that all the links in the chain are complete and do not suffer from any infirmity. It is not the law that where there is any infirmity or lacuna in the prosecution case, the same could be cured or supplied by a false defence or a plea which is not accepted by a Court. 18. Before a false explanation can be used as additional link, the following essential conditions must be satisfied ; — (i) various links in the chain of evidence led by the prosecution have been satisfactorily proved ; (ii) the said circumstances must point to the guilt of the accused with reasonable definiteness ; and (iii) the circumstance is in proximity to the time and situation. If these conditions are fulfilled only then a Court can use a false explanation or a false defence as an additional link to lend an assurance to the Court and not otherwise. 19. Mere grave suspicion does not prove the guilt. The evidence adduced by the prosecution does not fulfill the requirements of the proof of a case based on circumstantial evidence alone. Various lacunae in the chain of evidence led by the prosecution in the instant case are missing, because of the circumstances having satisfactorily not been proved to complete the said chain. 20. Now coming to the next circumstance qua ornaments from the possession of the appellant on his personal search at the time of arrest on 24-9-1990, the same does not by itself prove him to be the murderer of his wife. The said ornaments have not been found to be stained with blood nor there is any iota of evidence to show that these very ornaments had been worn by the deceased prior to or at the time she was murdered. Statements of PWs 4, 6 and 7 showing that they have been seeing the deceased having worn the said ornaments frequently, coupled with state ment of PW 16 regarding the same having been kept by the appellant in his safe custody, does not show that lastly the deceased was wearing the same. At the most this circumstance raises a grave suspicion against him and nothing more. As such, we are of the firm opinion that these circum stances cannot in any way help the prosecution to bring home the guilt against the appellant. 21. At the most this circumstance raises a grave suspicion against him and nothing more. As such, we are of the firm opinion that these circum stances cannot in any way help the prosecution to bring home the guilt against the appellant. 21. The last circumstance relied upon by the learned Sessions Judge pertained to the recovery of blood stained shirt Ex PI of the accused from the residential premises of the appellant from underneath a Kilta. The factum of the ownership of the shirt is sought to be proved by the sworn testimony of PWs 2, 6f 14 and 17 read with report of the Chemical Examiner, Ex. PT and that of the Serologist Ex. PU. PWs 2 and 6 have Identified the shirt, Ex, PI, to be the one belonging to the appellant since the latter was working as chowkidar of PW 2, Balbir Singh and is a relation of PW-6 Debu Ram No doubt both these persons have identified the clothes of the appellant. Believing that nothing has been extracted fn the cross examination to disprove this fact, yet in the ordinary course the wearing apparels of the appellant were bound to be kept and thus found in the room in which he resided* According to reports of the Chemical Examiner, Ex PT and that of the Serologist, Ex PU, shirt, Ex P-I, was having stains of human blood and as per Serologist report Ex. PU the blood group found en this shirt was that of "O" group. It is to be noted that the blood stains of all other articles found on the spot or even blood sample have been opined to be disintegrated and this has been the reason given by the Serologist concerned In his report Ex PCJ whereby he could not give the group of the blood admittedly to be that of the deceased. The statements on oath of the prosecution witnesses particularly PWs 2, 6 and 18 coupied with the Naksha Mauka Najari (site plan Ex. PQ) and statement of the medical expert show that other articles particularly quilt caver, carpet, pillow cover, shirt and salwar of the deceased were heavily smeared with blood and having much more stains of blood than were found on shirt Ex. PI allegedly belonging to the appellant. PQ) and statement of the medical expert show that other articles particularly quilt caver, carpet, pillow cover, shirt and salwar of the deceased were heavily smeared with blood and having much more stains of blood than were found on shirt Ex. PI allegedly belonging to the appellant. All these articles were taken into possession by the police at one and the same time and duly kept in separate sealed parcels. It is astonishing to Sod that the blood stains on ail other articles except that of shirt belonging to the appellant have been found to be disintegrated by the Serologist and Chemical Examiner vide his report Ex PU, Believing for the sake of arguments that it was so, the process of disintegration of the blood could not have been possible with blood sample sealed in one packet as per the sworn testimony of Dr. R. Malhotra (PW 1) The blood group of the deceased could have definitely been determined from the said sample of blood atleast Whether the blood group of the deceased was O’ and it tallied with the stains found on the shirt of the accused have not been proved by any cogent consistent and convincing evidence. Even otherwise in the normal .course had the appellant committed murder, he would not have left his shirt having blood stains thereupon (Ex. PI) underneath a Kilta kept on the side of the feet of the deceased The conduct of a murderer is always to conceal and wipe-out every such articles which could link him with the commission of the offence This fact of the shirt Ex. PI allegedly found nearby the spot inside the room shows that the appellant must have changed his shirt with a view to avoid his identity of having committed murder. As per the prosecution case, the appellant had absconded, In the natural course he would have taken the shirt Ex PI alongwith him and either burnt it or thrown it somewhere else on the way to Theog or Shimla. Alternatively, it is not difficult for any other murderer other than she appellant whosoever he may be, to foist the liability upon the appellant by staining his shirt with blood of the deceased in order to exonerate himself from the criminal liability particularly in his absence when he knows that his wife was all alone at his residence. Alternatively, it is not difficult for any other murderer other than she appellant whosoever he may be, to foist the liability upon the appellant by staining his shirt with blood of the deceased in order to exonerate himself from the criminal liability particularly in his absence when he knows that his wife was all alone at his residence. Viewing ii from another angle it emerges from the prosecution evidence that the residential house of the appellant was located at a lonely place This is also clear not only from the testimony of the Investigating Officer but also from his Naksha Mauka Najari (site plan Ex. PQ). The door was bolted from outside,. As per post-mortem rapport Ex. PA, deceased was a young lady aged about 30 years, in the absence of the appellant she was all alone at her residence. She could have been murdered by any other person other than the appellant and in order to rule out this possibility, PW t who is medical expert was also required to rule out the possibility of any other person having made any sexual advances towards the deceased or having attempted to molest or outraged her modesty, particularly when the police knew that the accused used to suspect the fidelity of the deceased to him. PW 1 has not examined the deceased from this point of view and ruled out this possibility as is apparent from his post-mortem report In the case which hinges entirely upon a circumstantial evidence, the burden is upon the prosecution to prove each and every circumstance which rules out any other possibility and the commission of the offence and rather points out towards the complicity of the accused and none else From this point of view also the said possibility having not been ruled out, the appellant is entitled to the benefit of doubt This aspect of the case has also not been examined by the trial Court 22. Another circumstance which throws doubt on the prosecution version is that according to PW 11 and PW 12, M H C. Ram Dayal and Constable Bal Krishan No. 768, both of Police Station, Rampur, have categorically stated that out of the sealed parcels, 5 parcels were handed over by the former to the latter for their delivery in the office of the Chemical Examiner, Patiala, on 15-10-1990 which the latter delivered on 16-10-1990 However, the contents of the Chemical Examiners report, Ex. PT reveal that a packet from the Superintendent of Police, Shimla, which was alleged to have been dispatched by him on October 4, 19^0, referred to in his office Memo. No 179-80 dated 4-10-H90, was received by him through PW 12 on 16 101990 and that this packet consisted of five sealed parcels. Comparing the two pieces of evidence adduced by the pro section in the instant case, the dates of dispatch are found to be as per statement of PW 11, five parcels were sent by him to the Chemical Examiner and this fact is confirmed by PW 12 on 15-10-1990 whereas one packet consisting of 5 sealed parcels was dispatched from the Superintendent of Police, Shimla, on 4-10-1990. It means that the case property remained in the office of Superintendent of Police, Shimla, from 4-10-1990 till 15-10-1990, according to the Chemical Examiners report Ex. PT. But as per oral testimony of PWs s 1 and 12, it remained with the former till 15-10-1990 How and in what manner and under what circumstances the case property was sent to the Superintendent of Police, remains a mystery. No explanation has been put forth by the prosecution pertaining to this circumstance nor there is any iota of evidence to show how the two dates are different in respect of the same case property This fact also creates a grave doubt in the authenticity of the prosecution version. In any case, for the reasons discussed above, we are of the firm opinion that the blood group of shirt Ex P! In any case, for the reasons discussed above, we are of the firm opinion that the blood group of shirt Ex P! has not bean tallied with that of the blood group of the deceased nor the possibility of another person other than the appellant having committed the offence in question, has been ruled out by the pro secution and in that view of the matter, no irresistible conclusion can be drawn to the fact that it is the appellant alone and none else who is the perpetrator of crime in question These aspects have not been closely examined by the trial Court while convicting the accused. 23. From whatsoever angle we examine the prosecution evidence, it does not point out the appellant alone having committed the offence in question Accordingly, appeal filed by the appellant is accepted, impugned judgment of the trial Court is set aside, The appellant is ordered to be acquitted and is ordered to be released forthwith. Appeal allowed.