JUDGMENT G.D. Patil, J. - Appellant-original accused Balkrushna challenges his conviction for committing murder of one Suryabhan during the night between 30th and 31st January, 1988, by causing injuries to deceased by sickle (article 9). The learned Additional Sessions Judge, Akola, relied upon the evidence of P.W. 1 Janabai Bawane, P.W. 2 Kailas Bawane, P.W. 3 Mahadeo, P.W. 4 Dr. Kishor Sharma, P.W. 5 Prabhakar Gawande as also on the discovery at the instance of the accused of the sickle (article 9), having discovery memorandum Ex. 38 and seizure memorandum Ex. 39 and on the seizure of the clothes of the accused vide seizure Panchanama Ex. 13 and the Chemical Analyser's report. Reliance is also placed on evidence of P.W. 5 Prabhakar Gawande. 2. The prosecution story, as revealed is to the effect that Suryabhan the deceased was a dealer in goats and used to have with him substantial amount. On the night of the incident Kailash and Ganesh the sons of Suryabhan were sleeping outside the house and other members of the family were sleeping inside. At about mid-night Balkrishana called out Suryabhan who was his uncle and informed that five goats and goatlings were missing and might have been stolen away. Upon this deceased Suryabhan, his wife and Kailas crime out of the house and found the goats missing. They then started searching the goats. Suryabhan had stick with them and the accused had sickle. After some time wife of Suryabhan had returned and only Balkrishna and Suryabhan proceeded forward for searching the missing goats. After some time Balkrishna alone came back. Suryabhan did not return. Balkrishna told that the thieves had beaten Suryabhan and he was lying on way to village Jitapur. 3. The defence of the accused was of denial. In his written statement he contended that he and his uncle Suryabhan went on Jitapur road. While on that road the thieves assaulted them and also delivered fist and kick blows to him. He further stated that his uncle was struck by some weapons and he got frightened and fell un-conscious and after regaining consciousness he found himself lying in pool of blood by the side of uncle. He got up and immediately rushed to the village and narrated to his father and others the incident that took place and then went to the police patil for lodging the report. He got up and immediately rushed to the village and narrated to his father and others the incident that took place and then went to the police patil for lodging the report. He stated that the sickle did not belong to him and the seizure of the amount was also falsely shown. The learned Additional Sessions Judge, Akola, found the version of the prosecution about the recovery 0f the money from the accused as un-acceptable. He, however, found the recovery of the sickle (article 9) and blood stained clothes on the person of the accused as reliable relying upon the evidence of P.W. 5 Prabhakar Gawande. Reliance is also placed on the circumstances that the accused had blood-stains on his Clothes, though the blood-group could not be ascertained. The defence of the accused was not accepted and the oral testimony of the witnesses P.W. 1 Janabai, P.W. 2 Kailash, P.W. 3 Mahadeo and that of P.W. 4 Dr. Kishor Sharma was held to be corroborated by recovery of the sickle, an instrument of the accused and the nature of the blood stains on the clothes of the accused. A motive to obtain money has also been held to be proved by the prosecution. 4. These findings are assailed by Shri Daga learned counsel for the appellant on several counts. With the assistance of Shri Daga and Shri Agrrawal learned Assistant Public Prosecutor, we have gone through the entire evidence on the record and perused the Judgment under challenge as well. 5. There are no eye-witnesses in the instant matter and the entire prosecution story rests on the circumstantial evidence. The circumstances relied upon as aforesaid are (1) That accused Balkrishna and deceased Suryabhan alone went on in search of the goats. (2) That the accused alone returned back with the story that the thieves had beaten deceased Survabhan and him as well and he was frightened and became un-conscious and after regaining consciousness returned back. (3) The sickle (article 9) was recovered at his instance. (4) The clothes of the accused were stained with the blood (5) No injuries were found by the Doctor on person of accused Balkrishna (6) In these circumstances, defence of the accused was not acceptable. Having gone through the evidence, it appears to us that the defence put forward by the accused cannot be discarded, on the strength of aforementioned circumstances. Having gone through the evidence, it appears to us that the defence put forward by the accused cannot be discarded, on the strength of aforementioned circumstances. The defence is that while on way to search the goats, the thieves assaulted Suryabhan the deceased and Balkrishna the accused-appellant. While deceased Survabhan was struck with some weapon, some kick and fist blows were delivered to him (accused-appellant and he fell un-conscious and found lying by the side of his uncle smeared with blood. In the same condition, he immediately rushed to the village on regaining the consciousness and narrated the incident to his father. He denied ownership of the sickle. This defence version cannot be said to be totally false or improbable. In so far as seizure of the sickle (article 9) is concerned Panch Witness P.W. 5 Prabhakar cannot be relied upon. He is a person, as can be seen from the deposition, who has signed the panshanama without reading it. Admittedly, he was all along with the Police Sub Inspector right from the arrival in the village till his departure and further he also admits that such sickles are commonly found in the villages. With this sort of the evidence recovery of the knife at the instance of the accused in fly case becomes doubtful. Moreover, blood group of the blood on this sickle (article 9) could not be determined. 6. In so far as the another circumstance regarding the clothes of the appellant-accused having blood stains is concerned, no doubt as per the Chemical Analyser's report (Ex. 28) blood of the deceased which is of AB group has been found on the clothes of the accused-appellant I laving regard to the defence set up by the appellant, however, this circumstance by itself cannot directly connect the accused-appellant with commission of the offence. Though the learned Additional Sessions Judge, Akola, relying upon the Panchanama (Ex. 13) and taking into consideration description of the spot of incident and nature of the stains, which were found on the clothes of the accused, did not accept the explanation given by the appellant-accused. However, we are not able to persuade ourselves, even on the strength of these circumstances to discard the doubt creeping in our mind about the possibility of the genuineness of the explanation put forward and the defence taken by the accused. However, we are not able to persuade ourselves, even on the strength of these circumstances to discard the doubt creeping in our mind about the possibility of the genuineness of the explanation put forward and the defence taken by the accused. Nature of blood-stain as found on the clothes of the accused as tried to be contended by Shri Daga may be on account of falling of the accused slightly away from the body of the deceased. So is also the case regarding absence of injuries on the person of the accused in his defence the accused-appellant has stated that only kicks and fist blows were delivered to him. If this is so, there could not have been injuries on his person. As to why he was struck with the fist and kick blows only need not be explained by the accused nor an adverse inference from this circumstance can be drawn against him. The evidence regarding the motive that is to Obtain money is totally absent The remaining only circumstance that the accused and the deceased alone went together in the circumstances, cannot be held sufficient for bringing home the guilt to the accused. 7. Thus this is not the case where one can definitely say that the prosecution has established certain circumstances bringing home the guilt to the accused. In any case, the circumstances brought on the record cannot be said to be totally incompatible with the innocence of the accused. We are, therefore, not in a position to say that the circumstances brought on the record un-erringly bring home guilt to the accused. We feel that the defence as raised is also probable. In our view therefore, the accused is entitled to benefit of doubt. It is in this view of the matter; the conviction and sentence as awarded by the learned Additional Sessions Judge, Akola, cannot be sustained. 8. In the result, the appeal is allowed. The conviction of the appellant-accused for the offence under section 302, I.P.C. and the sentence imposed by the learned Additional Sessions Judge, Akola, is here by set aside. The bail-bond of the accused-appellant shall stand cancelled. Appeal allowed.