JUDGMENT 1. This an appeal filed by the State of Rajasthan against the judgment of the learned Addl. Sessions Judge, Ganga Nagar, dated 24-1-077 rendered in Sessions Case No. 54/76 State v. Prakash Chand whereby the learned Addl Sessions Judge has acquitted the accused respondent Prakash Chand of the offences under sections 302, 458, 429, 380 and 467 1PC by giving him benefit of doubt. 2. The facts necessary to be noticed for the disposal of this appeal briefly stated are, that deceased Gauri Shanker was owning certain land in village Jodhewala. Earlier. he was cultivating his land but later, he started giving it on theka'. Initially, a 'theka' was given to Sarpanch Shri Kaur Singh (PW 1) but in the fateful year, in which the murder of Shri Gauri Shanker has taken place, 'theka' of his land was given in favour of Prakash Chand, accused, for a sum of Rs. 6500/- & an agreement (Ex.P. 26) was executed in lieu thereof, Rs. 3000/- were paid at that very moment, but for the 244 State of Rajasthan v. Prakash Chand, Cr. L.R. (Raj.) 1994 . remaining amount of Rs. 3500/- a pro-note was got executed in favour of Shri Gauri Shanker, which has been marked as Ex. P/27. It is alleged that the non-payment of the said amount was the reason for commission of the murder of Shri Gauri Shanker by Prakash Chand. accused. It is alleged by PW 7 Punja Ram, deceased neighbourer, that he felt that some foul smell was coming from the house of Gauri Shankar. He then met Dulla and informed about the foul smell coming from Gauri Shanker's house. Dulla is the person, who was grazing the cattle of Gauri Shanker. When Punja Ram enquired from Dulla as to what has happened to the goats of Gauri Shanker, he told that Gauri Shanker used to leave his goats with him for grazing and he (Gauri Shanker) himself collected them from him but for some days, neither he (Gauri Shanker) brought his goats to him nor took them back. Punja Ram, PW 7, then informed him that some foul smell is coming from Gauri Shanker's house and, therefore, they should go and find out. On this, Dulla Ram, Punja Ram and one Kalu Ram went to the house of Gauri Shanker. Punja Ram, PW 7, then informed him that some foul smell is coming from Gauri Shanker's house and, therefore, they should go and find out. On this, Dulla Ram, Punja Ram and one Kalu Ram went to the house of Gauri Shanker. They scaled over the wall of house of Gauri Shanker & jumped in his house & found Gauri Shanker dead in the kitchen. They found one injury on his neck. They also found one goat & two lambs dead in the house. Then they went & informed about it to Sarpanch Shri Kato- Singh, who sent information to Gauri Shanker's grand sons Hanuman (PW 2) and Devki Nandan (PW 5), who were living with their mother in the town of Sriganga Nagar. Shri Kaur Singh, Sarpanch, also went to the house of deceased Gauri Shanker and jumped into it from the house of Punja Ram alongwith one Jagtar Singh and found the statement of Punja Ram correct and it was he, who reported the matter to the police on. which investigation started. Two foot prints were found inside the 'chowk' of the house by Devki Nandan and two foot prints outside his house along with a ladder were also found there. The ladder was found fixed with the back wall of the chowk. The moulds of those foot prints were taken on the next date. It was suspected that there are certain finger prints on the brass 'Iota' which was lying near the dead body and, therefore, that too was taken into possession. The dead body was sent for post mortem examination, which was conducted by Dr. Amrik Singh but he being outside the country, post mortem report (Ex P 38), which was prepared by him was got proved by PW 13 Ramdutt, Compounder. Accused Prakash Chand was arrested on 10.3-75 and thereafter his specimen foot prints were also taken along with his finger prints by the local Magistrate. It is further alleged that accused gave information about recovery of blood stained shirt and 'chaddar' as well as 'toka', which is said to be the weapon of offence. Accused Prakash Chand was arrested on 10.3-75 and thereafter his specimen foot prints were also taken along with his finger prints by the local Magistrate. It is further alleged that accused gave information about recovery of blood stained shirt and 'chaddar' as well as 'toka', which is said to be the weapon of offence. It was on his information and it was at his instance that blood stained shirt and blood stained 'chaddar' were recovered from his house under his bed and blood stained toka' was recovered from the 'Johad' i.e. public water tank The blood stained clothes, the weapon of offence and the 'pagdi' of the deceased were sent for chemical & serological examination. The reports of the FSL and the Serologist have been marked as Exs. P/45 and 46 respectively and the information about recovery and recovery memo of the blood stained clothes have been marked as Exs. P 40 and 41, respectively. 3. After usual investigation, the case was challaned in the court of learned Addl. NUM, Sriganga Nagar, from where it was committed to the Court of learned Sessions Judge from where it was made over for trial to the Court of learned Addl. Sessions Judge, Sriganga Nagar. The accused was chatged with the offences under sections 302, 380, 429, 458 and 467 1PC. Accused did not plead guilty of the said charges and claimed trial. The prosecution in all examined fourteen witnesses including the Investigating Officer The statement of the accused Prakash Chand was recorded under section 313 Cr. PC. He did dot examine anybody in his defence. 4. After bearing both the learned counsel for the parties, the learned Addl Sessions Judge, Sriganga Nagar came to the conclusion that the evidence regarding the recovery of 'toka' is doubtful. The blood stains found on the 'toka' as well as 'cheddar', which were got recovered on the information at the instance of the accused cannot connect the accused with the crime because although, it was found by the Serologist & Chemical Examiner that they are stained with human blood but the group could not be determined and, therefore, this evidence Was treated to be insufficient to convict the accused. As regards the moulds of the foot prints, it was found that they were not sealed at the spot and they were kept in the possession of the Investigating Officer in the Police Station for number of days and no explanation is forthcoming as to why they were not sealed at the spot and, therefore, evidence regarding foot prints also, has been disbelieved. Moreover, it has been observed by the learned Addl. Sessions Judge, Sriganga Nagar that number of persons had scaled-over the wall of the house of deceased Gauri Shanker and the accused has given explanation that he was amongst them and, therefore, the learned Addl. Sessions Judge observed that this possibility that the accused scaled the wall along with other villagers cannot be ruled out. As regards the existence of finger prints on the Iota' (brassware), it has been observed by the learned Addl. Sessions Judge that actually as per the evidence of Sarpanch Kaur Singh the 'Iota' belonged to the accused and the accused himself has stated in his statement under section 313 Cr PC that it belonged to him and he used to supply milk to Gauri Shanker and, therefore, the learned Addl. Sessions Judge was of the opinion that the possibility or existence of his finger prints on the 'Iota' cannot be ruled out. Moreover, it was observed by the learned Addl. Sessions Judge that the foot prints could not be traced up to the dead body and the brassware was also not found containing any milk and, therefore, there was no occasion for the accused to have touched that 'Iota' at that time. It has further been observed by the learned Addl. Sessions Judge that if the accused had scaled over the wall of the deceased house in order to commit theft of two documents, he would have certainly come across in search with Rs. 15,600 and Rs. 9000/-, which were lying there but not a single article in the house of Gauri Shanker was touched and the said money was also found lying intact. The learned Addl. Sessions Judge further observed that PW 4 Beharilal has categorically stated that Prakash Chand along with Gauri Shanker came to him and an amount of Rs. 15,600 and Rs. 9000/-, which were lying there but not a single article in the house of Gauri Shanker was touched and the said money was also found lying intact. The learned Addl. Sessions Judge further observed that PW 4 Beharilal has categorically stated that Prakash Chand along with Gauri Shanker came to him and an amount of Rs. 3500/- was paid by Prakash Chand to Gauri Shanker in his presence and in verification thereof, he had recorded the said payment on the back of the pro-note and thereafter the pro-note was delivered by Gauri Shanker to the accused and, therefore, the very motive of the crime cannot I be utilised against the accused and, as such, the prosecution story is under leviable and consequently, the learned Addl. Sessions Judge acquitted the I accused Prakash Chand by giving him benefit of doubt. 5. We have carefully gone through the evidence that has been recorded in the case as well as the impugned judgment, which has been rendered by the learned Addl. Sessions Judge. 6. After bearing Shri S.K. Vyas, learned P.P. appearing for the State and Shri Jagdish Vyas, learned counsel appearing for Mr U R. Tatia. advocate, for the respondent, we are firmly of the opinion that the findings recorded by the learned Addl. Sessions Judge deserve to be sustained. In this case, the evidence about the motive was to commit theft of the agreement and the pro-note because Prakash Chand was to pay Rs. 13`00/- to deceased Gauri Shanker PW 14 Beharilal has categorically stated I that the said payment was made before him and it has been recorded on the I back of Ex,P.27 (pronote) by him that 'this payment has been made by Prakash Chand to Shri Gauri Shanker (deceased) and, therefore, it is very difficult to believe that Prakash Chand should have any motive to kill Gauri Shankar. So far as the evidence regarding the foot prints is concerned, firstly the moulds that were taken by the police, were not sealed on the spot. Moreover, the moulds were taken on the next date of the information received by the police. So far as the evidence regarding the foot prints is concerned, firstly the moulds that were taken by the police, were not sealed on the spot. Moreover, the moulds were taken on the next date of the information received by the police. As regards the murder of Gauri Shanker, it has come in evidence of PW I Sarpanch Kaur Singh, PW 7 Punja Ram and number of other witnesses that as many as thirty to forty persons jumped into the houee of Gauri Shanker to know about his death and to see his dead body. If that be so, it is not known as to how the foot prints of Prakash Chand have been detected out of the number of foot prints, which must have been found there in the 'chowk' of the house and, there-fore, the evidence about foot prints appears to be shaky and unreliable. 7. As regards the contention of the prosecution that finger prints were found on the 'Iota', PW I Kaur Singh has categorically stated that this 'Iota' was in the possession of the accused number of times and on enquiry, it was disclosed to him by the accused that he was taking milk in it to Gauri Shanker (deceased) number of times At that time, no milk was found spied away from that 'lota' on the place of the occurrence and, therefore, there was no occasion for the accused to have touched that 'Iota' and, there-fore, if any finger prints have been found on the 'Iota', the existence of the finger prints on the iota cannot be unnatural and cannot connect the accused with the guilt. The 'cheddar' which was recovered from the possession of the accused was of-course found blood stained but the recovery has been held to be unreliable by the learned Addl. Sessions Judge as it was effected after number of days of the occurrence. If actually the accused was wearing the said, Chaddar' at the time of the occurrence, he would not have kept it Hidden under his cot for so many days to give an opportunity to the police to recover it from his possession. Moreso, this 'cheddar' was not recovered at the time of the search o the house of the accused. So far as the 'toka' is concerned it was found thrown in the village pond. Moreso, this 'cheddar' was not recovered at the time of the search o the house of the accused. So far as the 'toka' is concerned it was found thrown in the village pond. This recovery has been made after number of days of the occurrence and if that toka' was found lying in the water, then blood stains should not have been there on it. Moreover, PW I Kaur Singh has stated that it was not taken out by the accused from the village pond but it was taken out by Mahindu and Santlal. Kaut Singh, who has stated all these things, has not been declared hostile. Under these circumstances, his testimony has to be given great weight and this is what has been done by the learned Addl, Sessions Judge. If that evidence is believed then the recovery of toka' does not connect the accused with the guilt. Of-course, it is true that along man has been killed and one goat has also been found dead in the house but that does not mean that the accused Prakash Chand has committed the crime. Taking an over ail view of the discussion of the evidence that has been made by the learned Addl. Sessions Judge, we are of the opinion that the impugned judgment is neither perverse nor it is of the type where no reasonable man could have reached such a conclusion, which the learned Addl. Sessions Judge has arrived-at. 8. Under these circumstances. we do not find it a fit case in which the appeal against acquittal filed by the State should be allowed. Consequently, the appeal filed by the State is dismissed & the judgment dated 24-1-77 rendered by the learned Addl. Sessions Judge, Sriginga Nagar is sustained & acquittal of accused Prakash Chand is maintained.Appeal dismissed. *******