This is a criminal appeal against the judgment and order dated 4-4-1985 passed by the then learned IIIrd Additional Sessions Judge, Meerut in Sessions Trial No. 104/83 State v. Surendrajit Singh and Sessions Trial No. 349/83 State v. Virendrajit Singh, convicting the appellants under Section 302 read with Section 34, IPC and sentencing them to imprisonment for life. 2. The prosecution case briefly stated is that the informant Smt. Swaran Lata Singh wife of Devendrajit Singh deceased is a resident of Krishan Ashram Kanjari Sarai within the circle of Police Station Civil Lines, Moradabad, Ram Chandra Singh had five sons named Rajendrajit Singh, Devendrajit Singh (deceased), Narendrajit Singh, accused Surendrajit Singh and accused Virendrajit Singh alias Jaju, Ram Chandra Singh was an Advocate, Devendrajit Singh (deceased), Rajendrajit Singh and Surendrajit Singh were also advocates, Narendrajit Singh was an employee in the Railways. Accused Virendrajit Singh alias Jajju was not doing any job at the time of the incident. All the brothers lived in one and the same house but separetely. They had jointly purchased a vacant piece of land. In a part of that land the deceased Devendrajit Singh had installed motrosed bench polishers and in northern part there existed a house and a shop. There was litigation between the deceas ed on one side and his father and brothers on the other in respect of such land. The deceased was fed up with the litigation and therefore, he was put to dispose of the polishing machines. The accused were deadly against the deceased and therefore, generated feelings of animosity against him. It is alleged that on 15-11-1982 at about 9. 00 p. m. When the deceased was at his house, a stranger came to him and asked him whether he wanted to dispose of his machines. He replied in the affirmative. Consequently he requested him to show him his machines as he wanted to purchase the same. He proceeded towards his factory. His wife Smt. Swaran Lata Singh informant (PW 1) had also followed him. He opened the factory and went inside it. His wife was also following him. At that time Surendrajit Singh alias Jajju happened to come inside the factory. They were armed with knife and pistol. They made utterances to the effect that they would be doing him to death, so that the chapter might be closed. He opened the factory and went inside it. His wife was also following him. At that time Surendrajit Singh alias Jajju happened to come inside the factory. They were armed with knife and pistol. They made utterances to the effect that they would be doing him to death, so that the chapter might be closed. Immediately the stranger caught hold of the deceas ed and tightly covered his mouth with his hands. The accused Surendrajit Singh stabbed him by his knife several times and Virendrajit Singh fired a pistol shot at him. When his wife tried to raise alarm, she was terrorised and made to keep mum. The accused and the stranger went out of the factory and closed the gate. Horrified Smt. Swaran Lata Singh had remained sitting inside the factory for about an hour and when she became sure that they were no longer there, she came out of the factory and immediately rushed to the District Hospital taking her husband by a Rickshaw. In the hospital he was declared dead. Smt. Swaran Lata Singh wrote a report (Ex. Ka-2) in the hospital itself. She took it to the Police Station and handed it over to the Head Constable Balak Ram PW 6, who on its basis prepared a chik report (Ex. Ka-9) and registered a case in the General Diary at serial No. 42, an extract of which is Ex. Ka-13. Thereafter the case was registered and its investigation was entrusted to the then Sub-Inspector Rohtash Singh PW 5. He took down the statements of the informant Smt. Swaran Lata Singh PW 2, Head Constable Balak Ram PW 6 at the Police Station itself. Thereafter he proceeded to the place of occurrence. Reaching there he inspected it and prepared its site-plan Ex. Ka-10. He took into his custody blood stained earth and plain earth and prepared a memo Ex. Ka-11 in respect thereof. On 26-11-1982 he took down the statement of Rajendrajit Singh, brother of the deceased. The then Sub-Inspector Vidya Ratan PW 4 held the inquest on the deadbody of Devendrajit Singh in the Government Medical Hospital, Moradabad on 26-11-1982 at 9. 45 a. m. and prepared its inquest report (Ex. Ka-4 ). He seized, sealed and sent the deadbody to the mortuary for post mortem examination through constable Chet Ram PW 3. 3. Dr. The then Sub-Inspector Vidya Ratan PW 4 held the inquest on the deadbody of Devendrajit Singh in the Government Medical Hospital, Moradabad on 26-11-1982 at 9. 45 a. m. and prepared its inquest report (Ex. Ka-4 ). He seized, sealed and sent the deadbody to the mortuary for post mortem examination through constable Chet Ram PW 3. 3. Dr. R. P. Bharadwaj PW 1 conducted the post-mortem examination and found the following ante- mortem injuries there on:- (1) Gun shot wound of entry size 5 cm. X 3 cm X long deep on the right side of chest just below the right nipple blackening tatooing charing present. Margins are lacerated. (2) Multiple burning each size about 2 cm. X 2 cm. on the whole of face and front of neck each containing gun powder. (3) Incised wound 2 cm. X 1 cm. X long deep on the right side of chest 3. 5 cm. below the medial and right clavicle. Margins are clean cut. (4) Incised wound 2 cm. above the left nipple. Margins are clean cut. (5) Abraison size 9 cm. x 2. 5 cm. on the left side of chest 3 cm. above the left nipple. (6) Incised wound 1. 6 cm. X cm. X muscle deep on the left lateral side of chest 11 cm. below the left anila. (7) Incised wound cm. X cm. X muscle deep on the left lateral side of chest i. e. below injury No. 6. Dr. R. P. Bharadwaj prepared the post mortem report (Ka 1) at the time of performing the post-mortem examination. In his opinion the death occurred due to shock and haemorrhage as a result of aforesaid injuries. 4. The investigating officer Rohtash Singh took down the statement of Sub-Inspector Vidya Ratan. PW 4 on the receipt of the post-mortem report and after the completion of the investigation into the case, he submitted the charge sheet Ex. Ka-12 against the accused. 5. The prosecution has examined the above-named witnesses and relied upon certain documents in support of its case. 6. The accused pleaded not guilty. They have stated that all the allega tions levelled against them are wholly wrong and incorrect. They have dis played their ignorance regarding (sic) of the facts relating to the case. They have also stated that they have been falsely implicated in this case on account of enmity. 6. The accused pleaded not guilty. They have stated that all the allega tions levelled against them are wholly wrong and incorrect. They have dis played their ignorance regarding (sic) of the facts relating to the case. They have also stated that they have been falsely implicated in this case on account of enmity. They have, however, not adduced any evidence in support of their contentions. 7. Having heard the learned counsel for the parties and having consider ed the evidence on record, the learned Additional Sessions Judge, Meerut convicted and sentenced the appellants accused through his impugned judg ment and order as mentioned earlier. Aggrieved, they preferred the present appeal against the same. 8. We have heard the learned counsel for the parties and have gone through the evidence on record carefully. 9. There was litigation between Devendrajit Singh deceased on the one side and his father Ram Chandra Singh and brothers, who are the accused, on the other in respect of the land. It is not in dispute. There was enmity between them. This is also not in dispute. The relationship between the informant and the accused is not in dispute. 10. It may be mentioned at the very outset that Smt. Swaran Lata Singh PW 2, who is the wife of the deceased, is the only witness, who is alleged to have seen the incident. There is no other eye-witness in this case. There was enmity between her husband deceased on the one side and her father-in-law Ram Chandra Singh and these accused on the other. Therefore, we have to scrutinise her statement with more care and caution. 11. There is no evidence on record to show that Smt. Swaran Lata Singh PW 2 used to follow or accompany her husband and yet, she asserts to have followed or accompanied her husband to the factory in question at the time of the incident. This is beyond comprehension. 12. There is nothing in the statement of Smt. Swaran Lata Singh PW 2 to indicate the specific part of the body on which the injuries were caused although she has specifically mentioned in the F. I. R. that the injuries both with knife and the country made pistol were caused on chest of her husband there is no reason why she has deviated from what has been mentioned in the First Information Report in this regard. 13. 13. There are allegations in the First Information Report that the stranger caught hold of her husband and tightly covered his mouth with his hands, that the accused Surendrajit Singh also caught hold of her husband and caused injuries on his chest with knife and that the accused Virendrajit Singh alias Jajju fired a pistol shot on him. There was every likelihood of the stranger and the accused Surendrajit Singh having recieved fired shots in that situation. Therefore, the prosecution story to this effect does not appear to be correct. 14. There is nothing in the statement of Smt. Swaran Lata Singh PW 2 to indicate as to what happended to the stranger particularly after the incident. There is no evidence on record to show as to where when and how he went out of the factory after the incident. In other words there is no evidence on record to show as to where when and how the stranger disappeared from the scene of occurrence. 15. Smt. Swaran Lata Singh PW 2 is alleged to have tried to save her husband. But she was terrorised by the accused-appellants and therefore, she kept mum in the course of the incident. A pious and virtuous Indian woman is an embodiment of virtuous goddess. She is dedicated and devoted to her husband, her husband is, all in all, in the bounty of happiness of her life. Her life without her husband is charmless. This is the reason why she is pre pared even to lay down her life for the sake of her husband, Smt. Swaran Lata Singh PW 2 being an Indian woman was also expected to have plunged herself on the body of her husband to save him even at the cost of her own life. But she did not do anything as such. This is something very strange. 16. Smt. Swaran Lata Singh PW 2 has mentioned in the First Informa tion Report (Ex. Ka-2) that certain other persons had also seen the incident. But she did not disclose their names anywhere. Who had prevented her from doing so ? There is no reply to this posed question. 17. Smt. Swaran Lata Singh PW 2 had got demarcating wall construct ed between her portion and the portion of the accused-appellants in the house in question, so that she could not visit their portion. But she did not disclose their names anywhere. Who had prevented her from doing so ? There is no reply to this posed question. 17. Smt. Swaran Lata Singh PW 2 had got demarcating wall construct ed between her portion and the portion of the accused-appellants in the house in question, so that she could not visit their portion. This indicates that she avoided having even glimpse of the faces of the accused in particular. A woman/lady devoid, deprived and dispossessed of virtues, is a honeyed position. She can play havoc and can stoop down to any extent to do anything even against her kiths and kins. 18. Despite the information only one of her brothers and none else had come from Agra and that too next day in the evening she was present at her house at the time of post-mortem examination of the dead body of her husband. This indicates that none had any love and affection or feelings of oneness towards her and vice versa for reasons best known to her. 19. Smt. Swaran Lata Singh PW 2 asserts to have taken her husband by a Rickshaw to the hospital. If she had actually done so, her clothes would have certainly had blood stains as a result of bleeding from the injuries caused to him. But there is not an iota of evidence to this effect. This casts suspicion as to the correctness of the prosecution case to this effect. There is no evidence to show that she was wailing and weeping while she was allegedly taking her husband by a Ricksaw to the hospital. Why ? this why has no reply not to speak of convincing or satisfactory reply. Had the Rickshaw puller concerned been examined. He would have established the alleged taking of her husband to the hospital by the Rickshaw. But no effort appears to have been made by the Investigating Officer to trace him out for reasons best known to him. Smt. Swaran Lata Singh PW 2 has stated that she had obtained a piece of plain paper from an official of the hospital and written the report (Ex. Ka-2) at the hospital itself about the incident. There is no other evidence except her statement to this effect which does not inspire confidence. 20. Dr. Smt. Swaran Lata Singh PW 2 has stated that she had obtained a piece of plain paper from an official of the hospital and written the report (Ex. Ka-2) at the hospital itself about the incident. There is no other evidence except her statement to this effect which does not inspire confidence. 20. Dr. R. P. Bharadwaj PW 1 has stated that he does not remember as to whether his statement was recorded by the A. C. J. M. , Moradabad or not. He does not also remember whether he had stated before the A. C. J. M. that the Police officials told him that the First Information Report would be prepared after the receipt of the post-mortem report. The possibility of the First Inform ation Report having been prepared after due deliberations and consultations at the Police Station after the receipt of the post- mortem report, cannot alto gether be ruled out. 21. In view of what has been observed above it can unhesitatingly be expressed that Smt. Swaran Lata Singh was actually not present at the time of the incident. Therefore, no implicit reliance can be placed upon her testimony. There is no other eye-witness in this case. There existed enmity between Smt. Swaran Lata Singh and her husband on the one side and the accused and their father on the other as mentioned earlier. Smt. Swaran Lata Singh PW 2 is not a reliable witness. Therefore, the possibility of the appel lants accused having been falsely implicated on account of enmity cannot altogether be excluded. 22. In the result appeal is allowed. The impugned judgment and order dated 4-4-1985 are set aside. The appellants-accused are acquitted of the offences with which they have been charged. They are on bail. Their bail bonds are cancelled and sureties stand discharged. They need not surrender. Appeal allowed. .