JUDGMENT D. P. Sood, J —S/Shri Bhagwan Dass and his co-accused Bhag Sen have assailed the impugned judgment dated July 16, 1991, passed by the learned Additional Sessions Judge (1) Shimla, in Criminal Sessions trial No 37-S/7 of 1988, convicting both of them under sections 302 and 201 read with section 34 of the Indian Penal Code and sentencing them to life Imprisonment under sections 302/34, I.P.C. and further sentenced both of them under section 201 read with section 34, I.PC. to undergo rigorous imprisonment for two years and a fine of Rs 500 each and in default of payment of fine, each one of the defaulters was directed to further undergo rigorous imprisonment for six months. The substantive punishment imposed upon them on each count were directed to run concurrently, 2. Shortly stated, the prosecution case is that Shri Shia Tenzin Negi alias Sita Ram, (hereinafter shortly referred to as Maidar) hailed from village Jangi, a tribal belt of District Kinnaur. He was a shephered and he owned a number of sheep and goats. He used to shuttle in between the high ranges of Himalyas to lower ranges of Himalyas for grazing his herd of animals. In this process, he had employed four servants at the relevant time, namely, the two accused as also S/Shti Raja Ram (PW 5) and Raghuvir Singh. The accused used to look after the herd of sheep whereas the other two were entrusted to supervise the grazing of the goats by them. 3. Prior to the incident, the herd belonging to Maldar had descended down to lower Himalyas in District Shimla and Solan during winter season of 1988. The convenient meadows found by them were at Arki and Dhami in Districts Solan and Shimla respectively. Later in the month of April 1988, both the accused with the Maidar started their return journey from Dhami in district Shimla to Kinnaur. The prosecution allege that while herd was at Dhami, accused Bhagwan Dass engaged Sukh Lal (PW 4) as his servant who thereby also accompanied him to Kinnaur with the herd through the routine passage and reached Pelan Jungle near Sungri in Rampur on 27th of April, 1988. All the four stayed during the night in DERA in the open sky at the aforesaid place on 27»4-]9fc8. All the four stayed during the night in DERA in the open sky at the aforesaid place on 27»4-]9fc8. The Maldar and accused Bhag Sen slept in separate beds In one corner of the DERA whereas Bhagwan Dass accused and his servant Sukh Lal (PW 4) slept separately on the other corner of the DERA. 4. The crime in question is alleged to have been committed during the intervening night of 27th and 28th April, 1988 in the aforesaid DBRA. Both the accused are stated to have struck an axe blow on the head of the deceased. They were also found to have- struck blows with a stone against him. On his breathing last, both the accused .re stated to have disposed of the dead-body of their master by throwing it into a natural- pit and thereafter covering it with leaves, straws, clay and earth. In the morning both accused are stated to have hurriedly wound up their luggage from the said DERA and proceeded swiftly with the sheep and goats to their next stay in some other meadow called THACH in local parlance. Days passed by. Later on Sukh Lal (PW 4) questioned both the accused about the whereabouts of Maldar whereupon the later replied in a dry tone that he Maldar’ had gone towards the herd of goats being looked after by the other two servants. 5. Ordinarily, the Maldar alongwith his herd used to reach back in his native village by the 10th of June invariably every year as in the summer the sheep and goats used to be grazed in meadow known as Chhitkul Kanda’ in District Kinnaur. However, this time he did not reach home which aroused suspicion in the mind of his wife. The Maldar had a grand-son, namely, Giachhan Negi (PW 1) His grand-mother indicated her doubts as to the whereabouts of the Maldar whereupon on 18th of June, 1988, PW 1, went in search of his grand-father, In this process, he met one of their servants Raja Ram who on enquiry disclosed that Maldar had accompanied the sheep alongwith the accused to Sungri. The herd of sheep was ahead to the goats having interval of walking distance of 10 to 12 days. On this information, PW 1 associated Mindup Ram (PW 3), Sheesh Kumar and Sunder Singh with him. They frantically searched for the Maldar at Arki, Dhami and Kinnaur. The herd of sheep was ahead to the goats having interval of walking distance of 10 to 12 days. On this information, PW 1 associated Mindup Ram (PW 3), Sheesh Kumar and Sunder Singh with him. They frantically searched for the Maldar at Arki, Dhami and Kinnaur. In that attempt, PW 1 reached village Sungri in District Kinnaur on 20th of June 1988. In that village, he met Jagat Singh (PW 2), a shopkeeper, who told him that the Maldar was last seen by him on 15th of Baisakh. He also disclosed that he had heard regarding some dead-body having been concealed in Pelan Jungle’. Accordingly, PW 1 alongwith his associates and a hound proceeded to the aforesaid place and reached there on 21st of June, 1988 The hound scented a spot where the dead-body of the Maldar was concealed under the earth mixed with leaves straws and dead-wood. After identifying the clothes of the corpse to be of his grand father, PW 1 alongwith his associates returned and reported the matter to the police on 22nd of June, 1988 which culminated into the recording of the first information report (Ex- PW I/A). 6. On receiving information the police machinery came into action. Devinder Singh, the then Station House Officer, at Police Station, Rampur (PW 15) visited the spot as indicated by PW 1, got it photographed through Romesh Kumar, Photographer, then got the dead-body un-earthed and identified through PW L He also got the inquest report (PW 15/A) prepared and then despatched the dead-body to Government Civil Hospital, Rampur for autopsy purpose Site-plan (Ex. PW 15/B) was also prepared. A pair of shoes lying at a distance of about 135 feet from the spot was also taken into possession. Later on after conducting search of the DERA be took into possession certain articles. Bhag Sen accused was arrested and certain articles like wrist watch, currency notes etc. were taken into possession vide recovery Memo (Ex. PW 3/C) in the presence of Hari Singh and Mindup Ram witnesses. Later during investigation, Bhagwan Dass, the other accused was also arrested who made a disclosure statement on 1st July of 1988 and got recovered axe, the weapon of offence. were taken into possession vide recovery Memo (Ex. PW 3/C) in the presence of Hari Singh and Mindup Ram witnesses. Later during investigation, Bhagwan Dass, the other accused was also arrested who made a disclosure statement on 1st July of 1988 and got recovered axe, the weapon of offence. The Investigating Officer also recorded the statements of various witnesses The Investigation further revealed that both the accused had nursed ill-will against Maldar of latters close supervision on them regarding the grazing and maintaining of sheep and goats during their transit journey from one meadow to another. They used to beat and treat the animals mercilessly to which Maldar, since deceased, took exception. At times both the accused used to become infuriated and ready to fight with the Maldar simply on this count. After completion of investigation, both the accused were prosecuted for the commission of the offence referred to above. 7. The trial Court charge-sheeted both the accused for the above said offences on the basis of material produced before it. The accused denied the charge and raised a defence of denial simpliciter in their statements recorded under section 313, Cr. P. C. No evidence in defence was led by them though prosecution examined 15 witnesses in support of its case. 8. The entire case depends upon circumstantial evidence as there is no direct evidence of the commission of the crime. The central evidence against the accused consists of PWs 1 to 8 and the medical«evidence. The only question that falls for consideration is whether or not, both the accused participated in the crime? The above said witnesses have apparently supported the prosecution case and the joint reading of the statements of all these witnesses, as per the prosecution case, clearly point out the participation of both the accused in intentionally causing the death of the Maldar in the DERA at Rani Kanda Thach, 2 kms ahead of village Sungrij, and then disposal of his dead*body« 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 in the prosecution case so far as the participation of both the appellants is concerned We propose to deal with them one by one but before we do so let us look at the topography of the place of occurrence 9. As per charge, the crime was committed in DERA located in Pelan Jungle which is at a distance of 2 kms from village Stingri. Inquest report (Ex. P-15/A) arid site plans (Exs P-l5/B und P-15/C) show the said DERA on the upper side nearby the place where dead-body was recovered at a distance of 140 feet Another site plan (Ex.P-17/A) pertaining to the pointing out of axe (Ex. P-25) and recovery thereof reveal that CHARAND intervened Vaspa-rivulet (NADI-VASPA) and this DERA, Said DERA was made of stones one over the other as per PW 9, Also PW 3 states that shepherds used to come and stay. Any one could come and stay in that DERA and that people kept coming there and not only stay but also used to keep their flock there,, In this back drop, we now proceed further, 10. In the first instance MOTIVE is wanting. The prosecution alleges strained relations of the deceased with both Bhagwan Dass and Bhag Sen accused. But there is no iota of evidence on record to show that accused Bhag Sen had any such strained relations with the deceased. Even this fact is not stated by Sukh Lal (PW 4). The inimical relations alleged are that Bhagwan Dass accused used to stone the goats and sheep to which the deceased used to object and thereby the deceased was mentally upset. Bhagwan Dass bad been employed by the deceased an year ago whereas accused Bhag Sen had recently been employed. This motive appears to be extremely weak. Had the accused possessed aggressive nature and had there been several quarrels with the deceased, they could have taken this drastic step much earlier at other place they. stayed together. Despite such relations, the deceased had kept them in his employment. The sheep and goats were being looked after by the said accused. Had any inimical relations been there, both the accused would have been turned out of the service by the deceased, Even conduct of the accused prior to and subsequent to the occurrence show that they had been looking after the herd of sheep in normal course. The sheep and goats were being looked after by the said accused. Had any inimical relations been there, both the accused would have been turned out of the service by the deceased, Even conduct of the accused prior to and subsequent to the occurrence show that they had been looking after the herd of sheep in normal course. Neither any sheep died nor became lame because of the alleged nefarious act of the accused Even on 25th of June, 1988 when they were arrested at Rani Kanda, they were grazing their herd of sheep In the circumstances we are constrained to believe that the accused had inimical relations to such an extent that they had intended to wipe their master out. There is no acceptable or dependable evidence to believe this fact, We disagree with the conclusion of the trial Court in this regard. 11. Then, secondly, we find severe infirmity in respect of evidence of the prosecution regarding last seen theory attempting to prove that the deceased was lastly seen by PW-4 Sukh Lal in the company of both the accused. As observed in the preceding paras, the prosecution case purely rests on circumstantial evidence. It is well settled that the circumstantial evidence, in order to sustain conviction, must satisfy three cardinal principles, (1) the circumstances from which &a inference of guilt is sought to be drawn, must be cogently and firmly established; (2) those circum stances should be of a definite tendency unerringly pointing towards the guilt of the accused and (3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else, and it should also be incapable of explanation on any other hypothesis than that of the guilt of the accused. In Hanumant v. The State of Madhya Pradesh, 1952 SCR 1091, the apex Court cautioned thus f "In dealing with circumstantial evidence there is always the danger that conjecture or suspicion may take place of legal proof. It is, therefore, right to remember that in cases where the evidence is of a circumstantial nature, the 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. It is, therefore, right to remember that in cases where the evidence is of a circumstantial nature, the 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. 12. In Dharam Dass Wadhwani v. State of Uttar Pradesh, (1974) 3 SCR 607, it was held that, ".. ...unlike direct evidence the indirect light circumstances may throw may vary from suspicion to certitude and care must be taken to avoid subjective pitfalls of exaggerating a conjecture into a conviction." Therefore, in cases depending mainly on circumstantial evidence, there is always a danger that the conjecture or suspicion may take the place of legal proof Suspicion however strong cannot be allowed to take place of proof, The Court has to be careful to ensure that the various circumstances in the chain of evidence placed it in the case should be established clearly and that the completed chain must be such which rules out a reasonable likelihood of the innocence of the accused. 13. There is no doubt about the homicidal death of the deceased in Rani Kanda. The trial Court relying upon the evidence of Sukh Lal (PW-4) and seeking corroboration from PWs 2 and 7, convicted and sentenced both the accused, it is contended by Shri Chandel that version of PW-4 should be rejected as a whole. Even otherwise PW-4 cannot be said to be definite whether the deceased actually slept or went somewhere else to while-away some time before going to sleep All M them had stayed for the night together at more than 13 THACHES from Dhami to Kinoaur’ The mere fact that accused and deceased were found together before occurrence is not sufficient to prove guilt. He relies on Lakhanpal v. The State of Madhya Pradesh, 1979 Cr LJ 1217 and also seeks assistance from a Supreme Court case in Appabhai and another v. State of Gujarat, AIR 1988 SC 696, where the Court said ;— "The Court by calling into aid its vast experience of man and matters in different cases must evaluate the entire material on record by excluding the exaggerated version given by any witness When a doubt arises in respect of certain facts alleged by such witness, the proper course is to ignore that fact only unless it goes into the root of the matter so as to demolish the entire prosecution story The witnesses now-a-days go on adding embellishments to their version perhaps for the fear of their testimony being rejected by the Court. The courts, however, should not disbelieve the evidence of such witnesses altogether if they are otherwise trustworthy." 14. There is no dispute with the principles laid down in these decisions However, the question is whether the case before us calls for the application of the same. Prosecution depends upon the statements of PWs 2, 4 and 7. PWs 2 and 7 did not see the deceased with either of the accused persons In fact Jagat Singh (PW 2) has a fading memory as he tells the happenings after two months to PWs 1 and 3 besides having been apprised of the fact through Gopal Ram, a servant of Bahadur Singh Negi on or about 19th or 20th of Baisakh that the latter had seen Kullu type PATTU having been pulled out from a pit by some one and that some body is lying there who may be a trader He does not give definite date about the receiving of this information from PW 7 except saying, “….2-3 days of 17th Baisakh". On the contrary he gives positive dates with respect to the visit of the deceased as also that of PWs 1 and 3 to his shop. In his cross-examination, he has categorically admitted that he is not acquainted with either of the accused persons. His statement in verbatim is ;— "I am not sure which of the accused is Bhag Sen and who is Bhagwan Dass". 15. Now remains Sukh Lal (PW 4) who claims to have seen the deceased in the company of the accused persons. His statement in verbatim is ;— "I am not sure which of the accused is Bhag Sen and who is Bhagwan Dass". 15. Now remains Sukh Lal (PW 4) who claims to have seen the deceased in the company of the accused persons. The trial Court has given much importance to his testimony by concluding that his evidence appears to be impression of reality and truth which he noticed and perceived him self when he was accompanying accused to Kinnaur from Dhami It is not so when his testimony is carefully scrutinised in view of the prosecution case According to prosecution the deceased was killed in DERA but body was found in a ditch at a distance of 8 to 10 yards (vide first information report (Ex. PW I/A), Sukh Lal (PW 4) is a child yet aged 14 years He was employed with Bhagwan Dass In cross-examination, he states that at Sungri, Sita Ram since deceased, and accused Bhag Sen had slept together, whereas he and accused Bhagwan Dass had slept on the other side of the DERA in an open space. Then states further that accused Bbag Sen and the deceased had slept in separate beds in the same place. The deceased himself was a shepherd. He goes from place to place independently. (PW 4) also admits that deceased alone had gone to Sungri. According to the prosecution, the crime was perpetrated by the accused Both the accused struck axe blows on the head of the deceased. They are also alleged to have struck blows with stone and on his breathing last, the accused further disposed of his body by throwing in into a natural pit. According to Gopal Ram (PW 6) their DERA was in open and at a distance of about 150 feet from the place where he had seen the pieces of PATTU i. e, protruding in the natural pit where from the dead-body was later on recovered by the police. In other words, there were other shepherds at the material time. Also the aforesaid DERA was a common DERA without a roof as per the prosecution witnesses. All these shepherds used to meet each other. In other words, there were other shepherds at the material time. Also the aforesaid DERA was a common DERA without a roof as per the prosecution witnesses. All these shepherds used to meet each other. (PW 4) does not state as to at what time the meals were taken by them before going to sleep In other words, it cannot be said that the deceased was lastly seen in the company of the accused persons only or that the statement of (PW 4) to this effect should be believed Even otherwise had the offence been committed in the DERA in open place in the manner set up by the prosecution, Sukh Lal (PW 4) was bound to hear the cries raised by the deceased. The axe (P-25) is stated to be blood stained. Then in the morning this witness should have observed some blood spread over the place where the deceased had slept Dogs were accompanying the herd of sheep belonging to the deceased. Dogs would have smelled their master and found the dead-body immediately. PATTU protruding from the natural pit was visible and this pit was at a distance of 8 to 10 yards from the spot In these circumstances, he or other shepherds present there would Have noticed the unnatural incident resulting from the search earlier and knowing about the buried dead-body inside the pit, The deceased had a PATTU. 16. Another most material fact which amerges from the testimony of Sukh Lal (P W 4) is that he besides deceased and the accused were staying in a DERA made by them. To this effect quoting his words, PW 4 categorically states that "there was only one DERA at Thatch in Sungri which was mode by us". As per Devinder Singh, Investigating Officer (PW 15) the accused were arrested from the DERA having premises and wherefrom axe (P-25) was recovered. Further according to his investigation, murder was committed in the DERA located in the thatch in the open without any premises. Similarly according to PWs 3 and 6 there was an *old DERA having premises whereas as per PWs 2, 4, 3 and 15 there was another DERA in the open without premises. Now PW 3 admits that in old DERA meant for shepherds, any one could come and stay. Similarly according to PWs 3 and 6 there was an *old DERA having premises whereas as per PWs 2, 4, 3 and 15 there was another DERA in the open without premises. Now PW 3 admits that in old DERA meant for shepherds, any one could come and stay. Now Raja Singh (PW 5) in the last lines of his cross-examination (page 38) has admitted that many other herds had moved from Dhami to Rani Thatch in the month of Baisakh. In other words, servants of the deceased obviously must have prepared a new DERA for their stay at the material time as stated by PW 4 because of the presence of many other shepherds in that area. Also deceaseds movements were free and independent, The Investigating Officer (PW 15) has not directed his investigation to the fact as to which other shepherds/persons were there at the material time, Even if version of Sukh Lal (PW 4) is believed the possibility of any other person or persons other than accused persons having murdered the deceased cannot be ruled out particularly when PW 4 did not observe any blood in the , DERA or at the bed or place where deceased had slept and also in view of his having collected the articles there from before leaving to "Chantath" thatch. Even Medical evidence indicates the infliction of blow on the head by a sharp-edged weapon whereby blood was bound to ooze. All these facts taken together cannot lead to the inference that the deceased was last seen by PW 4 Sukh Lal in the company of any one of the accused person nor it was sufficient by itself to hold the accused guilty of the commission of offence The last seen theory remains absolutely un-substantiated. We disagree with the findings of the Court below. 17. Another circumstance taken Into consideration by the trial Court is disclosure statement (Ex PW 8/A) of Shrl Bhagwan Dass accused record ed on 1-7-1988 in the presence of Jyoti Lal (not examined) and Brij Lal (PW 8) and consequent recovery of axe (Ex. P-25), proved by the testimony of PWs 2 and 8. Admittedly, as per statement of the Investigating Officer, Devinder Singh (PW 15), accused were arrested on 25th of June, 1988 where onwards both were subjected to repeated interrogations till 1st of July, 1988. P-25), proved by the testimony of PWs 2 and 8. Admittedly, as per statement of the Investigating Officer, Devinder Singh (PW 15), accused were arrested on 25th of June, 1988 where onwards both were subjected to repeated interrogations till 1st of July, 1988. The case of defence is that accused did not make any such statement. Accused Bhagwan Dass is stated to have made a statement to the effect that he had concealed one axe in his DERA in Rani Kanda Similarly, accused Bhag Sen is alleged to have made a disclosure statement (Ex. PW 8/B) that he has disposed of one stone (Ex. P-13) and kept the same at Khudu Karali Thatch near Sungri, in the presence of the same witnesses Later both these weapons of offence were got recovered. Both the disclosure statements appear to be of involuntary character. Firstly, a person who denies the commission of the offence for over six days despite repeated interrogation cannot divulge such facts unless and until he is made to do so under coercion Secondly, articles so recovered have not been legally proved to be the weapons of offence used in the crime in question. Thirdly, the signatures on disclosure statements and recovery Memos have not been put to either of the accused in statement under section 313, Cr. P. C. nor any opportunity to explain the said facts have been given. 18. The facts in this regard and the nature of the disclosure statements are proved to be of involuntary in character in view of the reasons covered in the case of Vijay Kumar and another v. State of Himachal Pradesh, 1978 Cr. LJ 1619 These facts have not been relied upon by the trial Court while giving effect to them in addition to other circumstances in holding the accused to be the author of the crime in question Thus, this circumstance is of no help to the prosecution. Learned Court below failed to appreciate the above said facts. 19. Now considering the medical evidence, the autopsy on the dead- body of the deceased was conducted by Dr R. K. Bajaj, a senior Medical Officer of District Civil Hospital, Rampur, (PW II), on 23rd of June, 1988. The age of the deceased in the postmortem report (Ex. PW 11/A) has been given as 70 years. 19. Now considering the medical evidence, the autopsy on the dead- body of the deceased was conducted by Dr R. K. Bajaj, a senior Medical Officer of District Civil Hospital, Rampur, (PW II), on 23rd of June, 1988. The age of the deceased in the postmortem report (Ex. PW 11/A) has been given as 70 years. The body was recovered in a highly decomposed condition as is apparent from the postmortem report (Ex. PW 11/A) and the testimony of Dr. JR. K Bajaj (PW l), who has stated that dead-body was badly decomposed and merely skelton, badly smelling and blackish in colour, was found. There was no brain matter or tissue inside the skull bone which had no muscles Upper jaw was artificial. Both eyes were found missing. Even face portion was also missing. However, there was longitudinal cut on the skull bone starting from upper and left eye v/all opening going backward towards the left side of occipital region of the size 6"xl/4"X depth In his cross-examination, the medical expert has admitted that in a decomposed body some times it is difficult determine as to whether the injuries were ante-mortem or post-mortem. Also that with a weapon like (Ex. P-25) if a single infliction is made on the skull bone the definite cut injury would be of the size of its blade but there may be resultant crack of injury stretching the total length. The probable tenure which elapsed in between the death and the postmortem has been opined to be anywhere from one month to two months. The cause of death, according to him, appears to have been injury inflicted on the skull bone which caused "shock and bleeding due to injury to brain and bleeding. 20. Scrutinizing the aforesaid medical examination of the deceased ; firstly, it does not prove the infliction of the fatal injury with axe (Ex. The cause of death, according to him, appears to have been injury inflicted on the skull bone which caused "shock and bleeding due to injury to brain and bleeding. 20. Scrutinizing the aforesaid medical examination of the deceased ; firstly, it does not prove the infliction of the fatal injury with axe (Ex. P-25) or the stone (Ex P 13) for the reason that the axe was not found to be blood stained at the time of its recovery ; secondly, even the recovery of the said axe from the old DERA from a PITHU (bag) belonging to Bhagwan Dass accused, was made by the police after over two months and at the time when the police alongwith accused persons reached this place, a young man, other than the accused person, was found to be sitting there (vide statement of Jiwan Dass (PW 9). The said DERA had no entrance door Any body could enter it. The accused persons with their herd of sheep and goats, belonging to the deceased, were staying there and at the relevant date, said herd were found grazing in Rani Kanda Meadow The possibility of the weapon having been put into the said PITHU by a stranger, cannot be ruled out in these circumstances. Even if it be deemed to be belonging to the accused, the said axe was not found to be blood stained as per the contents of the recovery Memo. (Ex. PW 9/B) or the statement of Jiwan Dass ;PW 9), who is a member of Chitkul Gram Panchayat Even this witness besides MHC Jeet Ram (PW 13 depose that axes like (Ex. P-25) are commonly kept by all the shepherds and their servants. Accused Bhagwan Dass was also, admittedly a servant of the deceased, a shepherd. Thus the possession of axe (Ex P-25) with him or in his bag cannot be termed as an unusual circumstance; and thirdly, the medical expert has categorically opined the fatal injury to be a skull bone deep cut injury with a sharp edged weapon. The charge against the accused is that they had committed the murder of the Maldar at a place known as Khudu Karali in Palen Jangle. If murder was committed in the DERA without premises in open place, there should have been blood not only on the weapon of offence but also on the spot. The charge against the accused is that they had committed the murder of the Maldar at a place known as Khudu Karali in Palen Jangle. If murder was committed in the DERA without premises in open place, there should have been blood not only on the weapon of offence but also on the spot. No such blood was found either on the axe (Ex. P-25; or any place as per the investigation. 21. Now coming to the other weapon of offence, namely, stone (Ex. P-13)as per Jagat Singh (PW 2) there were stains of blood on this stone. However, none of the articles were sent to the Chemical Examiner to get the blood group analysed. Evidence shows that the recovery of the weapons have not been proved to have blood stains particularly of human origin nor its group has been tallied with that of the deceased. Thus the conduct of the accused in having possession of the above said weapon is not abnormal but it appears to be the natural course, Apart from it, at the cost repetition, had they (accused) committed the murder, they would not have been alongwith the herd of sheep and goats of the deceased because of the apprehension of their arrest. On the contrary, even on the date of arrest, as stated above, they were found grazing their animals in Rani-Kanda. Also there is no dependable evidence with respect to their motive on their part prior to or subsequent to the date of occurrence Thus their conduct was normal and it cannot tantamount to any circumstance to link either of them with the commission of the offence. 22. In addition to the above, a pair of shoes and a small gunny bag were recovered nearby the natural pit referred to above at the time of recovering the dead-body from there. As per PW 1, there were blood stains on the KATTA (gunny bag). The existence of gunny-bag has also been shown in the site-plan (Ex. PW 15/B) but it has not been mentioned in the recovery-Memo (Ex. PW 1/B). The said article has also not been sent to the Chemical Examiner for blood grouping or tallying it with the blood group of the deceased. The evidence of the recovery of the wrist-watch besides currency notes etc allegedly belonging to the deceased from the accused persons is also very weak. PW 1/B). The said article has also not been sent to the Chemical Examiner for blood grouping or tallying it with the blood group of the deceased. The evidence of the recovery of the wrist-watch besides currency notes etc allegedly belonging to the deceased from the accused persons is also very weak. Mindup Ram (PW 3) has testified that the said watch belonged to the deceased Sita Ram but he has not been able to identify the same. He is not sure about the owner thereof as he does not know the make of the watch nor could he identify the same if it was mixed with other watches. The recovery of the money and the consequent purchases made by the accused persons does not by itself show that the currency notes belonged to the deceased. It is not the case of the prosecution that the murder of the deceased was committed for robbing him off his money or the wrist-watch etc. The accused were servants of the deceased. They were roaming from place to place for months together. During this period they were residing in jungles. It was natural for them to have kept money with them for making day-to-day purchases. Both the accused have also been convicted and sentenced for the commission of the offence under section 201, I.P.C. for having disposed of the dead-body after intentionally killing Sita Ram deceased It appears that KATTA alleged to be blood stained taken into possession by the police in addition to the evidence that dead-body was found in natural pit at a distance of 8 to 10 yards from the DERA and that accused Bbagwan Dass directed Sukh Lal (PW 4) orally in the morning to collect the articles and to proceed to another meadow Chantath, when PW 4 enquired about the whereabouts of the deceased from him, is an exaggerated version. No such KATTA has been proved to have been used by either of the accused persons in taking away the dead-body from the DERA. Even otherwise in the circumstances discussed above, there appears to be no acceptable, dependable or reliable evidence adduced by the prosecution to show the disposal of the dead-body by either of the accused persons stealthily. 23. No such KATTA has been proved to have been used by either of the accused persons in taking away the dead-body from the DERA. Even otherwise in the circumstances discussed above, there appears to be no acceptable, dependable or reliable evidence adduced by the prosecution to show the disposal of the dead-body by either of the accused persons stealthily. 23. All these intrinsic circumstances speak volumes against the prosecution case and raise considerable amount of suspicion, in our minds, regarding the complicity of the accused-appellants in the commission of murder. It is well settled that while witnesses may lie, circumstances do not. 24. For these reasons, therefore, we allow this appeal, set aside the conviction and sentence of the appellants and acquit each one of them of the charges framed against them. Both are ordered to be released forthwith. Fine, if paid, be refunded to the depositors. Appeal allowed.