Judgment R.N.Sahay, J. 1. The appellant Maleshwar Bhagat, aged 25 years has been sentenced to imprisonment for life for committing the murder of Birsi Kumari, aged 15 years. The appellant was tried before the Sessions Judge of Gumla in Sessions Trial No. 225/90. Deceased, Birsi Kumari was involved in a love affair with the appellant. She was carrying a pregnancy of about sixmonths. The appellant wanted to marry her. The deceased refused to marry him and this led to her murder. According to the prosecution case, Jagat mani Bhagat the informant of the case inhabitant of village Nawdiha Keratoli, P.S. Ghaghra in the district of Gumla. Jagatmani at the material time was posted at Hajipur in the capacity of constable. He had come on leave on 11.5.1990. His family consisted of his wife, his sister, father Jharia Bhagat, his mother and two brother. His married sister Basant Devi had also come from her Sasural to visit to her parents. The appellant is of the same village. He was a student. 2. Jagatmani at about 8 p.m. on 15.5.1990 had gone out to answer call of nature with an electric torch. He heard cry and ran on the direction from where the cry had emanated. He again heard a cry. He ran about 20 to 25 yards and flashed his torch. He saw his sister, Birsi struggling with the appellant. On seeing torch light, the appellant pushed her and fled. Birsi chased the appellant to some distance. Hagatmani reached near her and found wounds on hands and abdomen and blood was dropping from the wounds. She disclosed that Maleshwar had inflicted the wounds. The place of occurrence was about 2000 yards from the house of the informant. The informant shouted for help. His brother, father and villagers including Dhira Oran and Shani Oraon arrived. She again stated that Maleshwar had stabbed her. She was brought home. Many people arrived there. She was being taken to Ghagra but she expired on the way. 3. The deceased had gone out about 15 minutes earlier than Jagatmani. He too had gone to answer call of nature. At 22 hours Jagatmani with some of the villagers reached Ghagra P.S. with the dead body of Birsi and gave oral report of the incident (Ex. 1). She was being taken to Ghagra but she expired on the way. 3. The deceased had gone out about 15 minutes earlier than Jagatmani. He too had gone to answer call of nature. At 22 hours Jagatmani with some of the villagers reached Ghagra P.S. with the dead body of Birsi and gave oral report of the incident (Ex. 1). The investigation was taken up by Ezra Bedra, Officer-in-charge of Ghaghra P.S. The investigator inspected the place of occurrence on the next day. According to the police officer the place of occurrence was about 300 yards from village Nawadih. It was a parties land of Shani Oraon where signs of scuffle and fresh blood-stains were found. He did not seize anything from the place of occurrence. It is worthy to note that there was no habitation within 300 yards of the P.O. The accused Maleshwar Bhagat was arrested from his house on 20.5. 1990. No torch was produced before the Investigating Officer by Jagatmani. 4. On 16.5.1990, Dr. Y.P. Sanga, Civil Assistant Surgeon, Sadar Hospital, Gumla held post-mortem on the deadbody of Birsi Kumari. The following injuries were found on the dead body: 1) " Incised penetrating wound over abdomen below and lateral to epigastric region left side ½ x 2" x 4" cutting large intestine partially at multiple points. 2) Incised wound I" x¼ " x 2" over right fore-arm below elbow joint. 3) Incised wound I" x¼ x½ " over right fore arm. 4) Incised wound I" x½ ," x½ " over right wrist. 5) Incised wound over right index finger ¼ " x 1 ½ " x½ ". 6) Incised wound over left first matecarpol joint palmer aspect ½" x 1/10" x 1/10". 7) Incised wound over dorsal aspect of left palm 11/2 x 1/10" x 1/10". 8) Incised wound over right knee joint ½  x 1/10 x 1/10. The deadbody was of a female aged about 15 years with blood stained hands and front of abdomen with large dark-stained areola, seminal fluid over valva and seminal-stained petty coat with no auxiliary and pubic hair growth. On dissection of uterus the size was of about 29 week of pregnancy with inside a dead male foetus about 12" in length with hair over scalp of dead foetus. Thus, the foetus was viable. On dissection of uterus the size was of about 29 week of pregnancy with inside a dead male foetus about 12" in length with hair over scalp of dead foetus. Thus, the foetus was viable. All injuries were caused by sharp cutting weapon may be Chhura and were ante-mortem in nature. All injuries were simple except injury No. 1 which was grievous in nature and sufficient to cause death in ordinary course of nature the cause of death was shock and haemorrhage. The time elapsed since death within 24 hrs. nearly." 5 The stomach was found empty. The bladder was also empty. The evidence of the Doctor negatives the prosecution evidence that the deceased after taking her night meal had gone out of her house for easing herself. It is significant to note that the Doctor Sanga in course of postmortem examination found seminal fluid over valva and seminal stain on her pettycoat suggests that the deceased had been subjected to sexual intercourse. The only eye-witness of the occurrence was Jagatmani Bhagat, P.W. 7. Basanti Devi, sister of the deceased had come to visit her parents on the same day, At 9 p.m. she was eating rice when she heard shouts of her brother namely, Jagatmani. She with other inmates of the house rushed to the place of occurrence and found his sister severely wounded. The injured disclosed that the appellant had stabbed her. This is supported by another brother, Vishwanath Bhagat, P.W. 2. There is contrary version given by Raghu Bhagat, P.W. 3, own uncle of the deceased. The evidence of this witness is very important. According to this witness Birsi was unconscious and was unable to speak. It was a dark night. This witness did not find any torch in the hand of Jagatmani. 6. Considering the facts that eight stabbed wounds were found on the deceased on the vital part of the deceased, it is difficult to accept the evidence of Jagatmani and others who have stated that she had given a dying declaration coupled with contrary evidence of Raghu Bhagat, who is related to the deceased. Jagdish Bhagat, P.W. 4 is another brother of the deceased who supports the evidence of Basanti and Bishwanath. Bishwanath according to this evidence had left home half hour before the occurrence. Jagdish Bhagat, P.W. 4 is another brother of the deceased who supports the evidence of Basanti and Bishwanath. Bishwanath according to this evidence had left home half hour before the occurrence. Shani Oraon who is an independent witness has been declared hostile because he stated that Birsi had not given any dying declaration. Another important witness is Badu Oraon, P.W. 6. When this witness reached the place of occurrence he heard Jagatmani telling the villagers that somebody had killed Birsi. Jhari Bhagat, P.W. 8 is the father of the deceased, when he reached the place of occurrence 10 to 20 persons were already there including Gyani. None of these witnesses were examined. 7. Learned Sessions Judge brushing aside several glaring infirmities in the prosecution case, convicted the appellant on the evidence of witnesses who are related to the deceased and inimical to the appellant. Jagatmani had claimed to identify the appellant with his torch light. No torch light was produced before the Investigating Officer. One witness has stated that he had found torch in the hand of Jagatmani. Dying declaration is the second basis conviction of the appellant which is equally untrustworthy. The own uncle of the deceased has said that Birsi was unconscious and was not able to speak. Independent witnesses of the village who could have thrown some light have not been examined. The motive of the offence is not clearly established. In the F.I.R. motive alleged was that the appellant wanted to marry Birsi but Buri was not agreeable. But the evidence of Jagatmani in court is that the appellant was not agreeable to marry Birsi who was pregnant. This was the motive for the murder. 8. Evidence is not clear as to what time deceased had left her house and for what purpose. The occurrence had taken place 300 yards away from the house at a lonely place. The only eyewitness, namely, Jagatmani is a change witness. 9. In view of infirmities noticed hereinabove, the judgment of conviction recorded by the Sessions Judge cannot be sustained. This case is another casualty to inefficient investigation. The Investigating Officer did not try to ascertain the motive. The appellant was arrested from home after few days. No investigation was made as to what time deceased had left her house and for what purpose. This case is another casualty to inefficient investigation. The Investigating Officer did not try to ascertain the motive. The appellant was arrested from home after few days. No investigation was made as to what time deceased had left her house and for what purpose. I am constrained to set aside the conviction in a brutal case of murder of a teenaged girl. I am helpless as I am bound by nature of evidence adduced which is weak. The appellant is acquitted by giving benefit of doubt. This appeal is accordingly allowed and the conviction of the appellant is set aside. The appellant is in custody since 20.5.1990. He shall be released from the custody forthwith, if not wanted in any other case.