JUDGMENT (ORAL) B.U. Wahane, J. - By this criminal appeal, the appellant/accused Balya @ Pramod s/o Shankarsing More, challenged his conviction and sentence awarded by the learned IIIrd Addl. Sessions Judge, Wardha, on 29-10-1994 in Sessions Trial No. 95192 for the offence punishable under Section 302 of the Indian Penal Code, sentencing him for life imprisonment. 2. The facts, in brief, giving rise to the prosecution case are as under: Smt. Tarabai (P.W.1) was originally the resident of village Yeoti of Arnravati district. She left her village Yeoti and came to Arvi about 2 years before the incident of missing of her son Dharmendra i.e. on 4th December, 1987. According to the prosecution, Smt. Tarabai and her husband sold house and belongings of their native place at Yeoti and started living at Arvi alongwith two sons and three daughters. Smt. Tarabai and other members of her family started living in one portion of the house of her mother. The other portion of the house was occupied by her sister viz. Manda-the mother of the accused. The said Manda was residing with her husband Shankarsing More (P.W.3) and the accused Balya @ Pramod. Smt. Tarabai used to work as a maid servant in the house of one Narayanrao Kale and as a peon in his College. Her husband Shri Kailash was working in the field of one Dadasaheb Kadam. 3. The deceased Dharmendra a boy of 16 years of age who had studied up to 8th standard, being the eldest son, to help the family, he was working as labourer. It is alleged by the prosecution that the accused used to consume liquor and threaten P.W.1 Tarabai and other members of her family directing, them to vacate the room occupied by them. The prosecution alleged that the accused wanted to take possession of the entire house. The accused, his mother and father disliked Smt. Tarabai and her family members should reside in the portion occupied by them. Consequently, the accused used to administer threats to Smt. Tarabai and other family members to the effect to kill as well engaged in defaming the daughter of Smt. Tarabai (P.W. 1). 4. On 4-12-1987 between 4 to 6 p.m. while the deceased Dharmendra was sitting in his house, the accused Balya @ Pramod asked him to accompany him to search his missing cow. The deceased Dharmendra accompanied him. 5. 4. On 4-12-1987 between 4 to 6 p.m. while the deceased Dharmendra was sitting in his house, the accused Balya @ Pramod asked him to accompany him to search his missing cow. The deceased Dharmendra accompanied him. 5. At about 8.00 p.m., the accused Balya alone returned home. Consequently, Smt. Tarabai the mother of the deceased Dharmendra enquired about Dharmendra but no satisfactory reply was given by the accused. 6. On 5th December 1987, the dead body of Dharmendra was found in the bed of Nala of Arvia-Dautpur Shivar. On 5-12-1987 itself, the report was lodged to Police Station, Arvi, about missing of Dharmendra. The Police examined the dead body of Dharmendra and inquest panchnama was prepared. The dead body was sent to the Municipal Hospital, Arvi, for post-mortem. The Doctor who performed the autopsy of the dead body, found about 8 injuries on the dead body. According to the doctor, the cause of death was asphyxia due to throttling. The Arvi Police registered A.D. No. 52/87. 7. According to the prosecution, after about two years, the accused extended threats to Smt. Tarabai and confessed that he has committed the murder of Dhannendra and in case they are not going to leave the premises under their possession, they will meet with the same fate. Thus, it is apparent that neither the report was lodged against the appellant/accused nor any other action was taken against him. 8. Shri Baliram - P.S.I. (P.W. 6) after receipt of a unanimous letter and also after receiving the order from the sub Divisional Officer, Arvi, started enquiry into the death A.D. No. 52/87. On his own, Shri Baliram Jadhav - P.S.I. lodged the complaint and registered the F.I.R. on 6-10-1990 vide Crime No. 240/90 under section 302 of the Indian Penal Code. During the investigation, the P.S.I. Shri Jadhav (P.W. 6) recorded the statements of Smt. Tarabai - the mother of the deceased Dharmendra, Smt. Alka w/o Pramodsing Parihar (P.W. 4) - the sister of the deceased Dharmendra and other witnesses. 9. The learned trial court relying on the evidence of Smt. Tarabai (P.W. 1) - the mother of the deceased Dharmendra and Smt. Alka (P.W. 4) - the sister of the deceased Dharmendra, convicted the appellant/accused for the offence punishable under section 302 of the I.P.C. as stated above. 10. 9. The learned trial court relying on the evidence of Smt. Tarabai (P.W. 1) - the mother of the deceased Dharmendra and Smt. Alka (P.W. 4) - the sister of the deceased Dharmendra, convicted the appellant/accused for the offence punishable under section 302 of the I.P.C. as stated above. 10. Shri M.R. Daga, the learned counsel for the appellant/accused assailed the evidence of P.W.I Tarabai and P.W. 4 Smt. Alka. With the assistance of the learned counsel for the parties, we persued the evidence of the witnesses and the findings arrived at by the learned trial court. 11. It is the case of Smt. Tarabai (P.W.1) that on 4-12-1987 between 4 to 6 p.m. appellant/accused asked her son Dharmendra to accompany him to search the missing cow. The deceased Dharmendra accompanied him. However, he did not return and therefore, there was a search. On enquiry, the accused also did not give satisfactory explanation. Consequently Shri Shankar the father of the appellant/accused reported the matter to Arvi Police vide Exh. 19 regarding the missing of Dharmendra. It is the case of Smt. Tarabai that after about 2 years, the appellant/accused confessed that he killed Dhaemendra and in case they are not leaving the premises in their possession, they will have to meet with the same fate. Thus, on the basis of the last seen together and extra judicial confession, the learned trial Court arrived at the conclusion that the appellant/accused has committed the murder of Dharmendra. 12. The statements of Smt. Tarabai and Smt. Alka came to be recorded on 6-10-1990. In cross-examination, her statement recorded by police under section 161 of Cr. P.C. was brought to her notice, wherein she has not stated to Police that the accused used to beat her. The accused had taken deceased to search the missing cow. It is apparent from her deposition that till her statement was recorded in the year 1990, she did not file any report with Police alleging that the deceased Dharmendra had accompanied the accused on 4th December, 1987. Similarly, though it is alleged against the accused that after about 2 years from the date of missing of the deceased Dharmendra, the appellant/accused confessed that he killed Dharmendra, but no report lodged to the police. Similarly, though it is alleged against the accused that after about 2 years from the date of missing of the deceased Dharmendra, the appellant/accused confessed that he killed Dharmendra, but no report lodged to the police. Smt. Alka (P.W.4) admitted in her cross examination that except her self and her mother nobody was aware that the deceased had gone with the accused to search the missing cow. Her statement was also recorded on 6th October 1990. This evidence of Smt. Alka claiming that she had stated before the Police that the deceased Dharmendra had gone with the accused at about 3 or 4 p.m. in search of a missing cow, does not find place in her statement and, therefore, the omission was brought to her notice. According to Smt. Alka (P.W. 4) the fact that the deceased had accompanied the accused, was not disclosed to anybody. 13. The conduct of Smt. Tarabai (P.W.1) and Smt. Alka (P.W.4) appears abnonnal because though according to them, the deceased Dharmendra had accompanied with the accused and did not return home and the dead body of Dharmendra was found in the bed of Nala in the vicinity of village Dautpur, no report was lodged against the appellant/accused. As no suspicion was expressed against anyone, the Arvi Police registered Accidental Death - A.D. No. 52/87. 14. Similarly, the story of alleged admission by the accused after about two years from the date of missing of deceased that he killed deceased Dharmendra appears to be concoction. Smt. Tarabai being mother and Smt. Alka a sister could not observe silence after such disclosure. Natural conduct expects disclosure to relations, neighbours, friends and report to Police. Nothing being done, their evidence deserves no credence to bring the guilt home against the appellant-accused. The learned trial Court has wrongly relied upon the testimony of P.W.1 Tarabai and P.W.4 Smt. Alka. We find that the testimony of Smt. Tarabai (P.W.1) and Smt. Alka (P.W. 4) not trustworthy and, thus the conviction and sentence awarded by the learned trial Court for the offence punishable u/s 302 of I.P.C. is set aside. 15. In the result, the instant criminal appeal is allowed. The Judgment and order passed by the learned IIIrd Addl. Sessions Judge, Wardha, on 29-10-1994 convicting the appellant/accused for the offence punishable under section 302 of the Indian Penal Code, sentencing him for life imprisonment is quashed and set aside. 15. In the result, the instant criminal appeal is allowed. The Judgment and order passed by the learned IIIrd Addl. Sessions Judge, Wardha, on 29-10-1994 convicting the appellant/accused for the offence punishable under section 302 of the Indian Penal Code, sentencing him for life imprisonment is quashed and set aside. The appellant/ accused be released forthwith if he is not required in any other case. Appeal allowed. Conviction set aside.