Judgment G. S. CHAUBE, J. 1. Appellant Lakhiram Hembram alias Guria Hembram is lodged in jail on being convicted and sentenced to imprisonment for life under Sec. 302 of the Indian Penal Code for murdering a person, it is said, with whom he was in love. 2. The case of the prosecution is that there was a love affair between the appellant and his co-villager Chero Baski, daughter of the informant Jagan Baski. Often they used to meet together during night. As usual, in the night between 19th and 20th of October, 1988 when the deceased was sleeping inside a room of the house of her parents at village Telbula within Shikaribara police station in the district of Santhal Pargana at Dumka along with her elder sister Suggi Baski (P.W. 4) and co-villager Tibbi Basera (P.W.3), the appellant went there and signaled the deceased by throwing something like small chip of stone and thereafter the deceased went with the appellant. However, the deceased did not return home during the night. 1n the morning she was found murdered at the Khaliham of a co-villager named Budi Hansada (P.W. 2). Blood was oozing out from her mouth. Consequently, the informant, father of the deceased, rushed to Shikaripara police station situated at a distance of 11 K. M. from the village and lodged a first information report charging the appellant for having murdered the deceased. It is stated that earlier on the day preceding the night during which the deceased was murdered, the appellant had come across the deceased and P.W. 3 when they had gone to Kushpahari Haat and asked the deceased to meet him during the night, failing which she would be killed. 3. The defence of the appellant is total denial of his complicity in the murder of the deceased and false implication due to enmity and land dispute. 4. Admittedly, nobody had seen the deceased being murdered in the manner she appears to have been killed. The post-mortem report (Ext. 5) prepared by Dr. M. S. Ahmed who could not be examined due to his death shows that the deceased had died due to asphyxia as a result of throttling during the night between 19th and 20th of October, 1988. Her mouth was closed but tongue protruded and clinched between both jaw teeth. There was bleeding from nostrils. 5) prepared by Dr. M. S. Ahmed who could not be examined due to his death shows that the deceased had died due to asphyxia as a result of throttling during the night between 19th and 20th of October, 1988. Her mouth was closed but tongue protruded and clinched between both jaw teeth. There was bleeding from nostrils. Marks of vaginal discharge as also facial discharge on the anus were present. However, there was no evidence of sexual violence on her private part. On disSection of the neck, the doctor had found ecchymosis underneath the skin with haemorrhage in the connecting tissues of the neck on the front side. The larynx and trachea as also oesophagus were found congested with blood. When the Investigating Officer (P.W.9) visited the place of the occurrence on being informed by the father of the deceased, he had found the dead body lying under a mango tree situated in the Khalihan of P.W. 2. He had found marks of ligature caused by rope on her neck, besides scratch on her right elbow. He also found a rope made of coir lying under a tamarind tree situated at a distance of 25 feet from the dead body. However, the post mortem report discloses that the doctor had not found any mark of ligature on or round the neck of the deceased, as stated by the Investigating Officer and other witnesses. 5. Be that as it may, the fact remains that during the night between the 19th and 20th October, 1988 the deceased was done to death unnoticed by throttling. The prosecution has alleged, relying on certain circumstances, that in all probability it was the appellant and appellant alone who could have killed the deceased and nobody else. The circumstances are that both the appellant and the deceased had fallen in love and used to meet together during night. In the evening preceding the murder, appellant had come across the deceased when she was returning from Kushpahari Haat along with P.W. 3 and had asked her (deceased) to meet him during the night and threatened her to be killed if she failed to oblige. At that time he was in angry mood. During the night when the deceased was sleeping inside a room of her parents house conjointly with P.Ws. 3 and 4, the appellant went there and signaled the deceased to come out. At that time he was in angry mood. During the night when the deceased was sleeping inside a room of her parents house conjointly with P.Ws. 3 and 4, the appellant went there and signaled the deceased to come out. Hence, the deceased joined the appellant and both of them went away. Next morning the dead body of the deceased was found lying in the Khalihan of P.W. 2 situated towards south-east of the residential area. 6. To prove these facts the prosecution has examined certain witnesses including P.W. 3 Tibbi Basera, a neighbour, and P.W. 4 Suggi Baski, elder sister of the deceased. Both of them have stated that during the night the deceased had slept with them inside a room when the appellant arrived there and took the deceased with him. Even though they saw the deceased going with the appellant, they did not protest as they were in love and it was their wont to do so. During the night the deceased did not return. Next morning she was found having been murdered by throttling. P.W. 8 Jagan Baski, the informant and the father of the deceased, has stated in Court that he came to know from P.Ws. 3 and 4 that the deceased had gone with the appellant. In course of her evidence P.W. 3 has stated on the day preceding the murder of the deceased she had gone to Hatia along with the deceased; there they had met the appellant who had shown anger to the deceased and threatened her. 7. The law is well settled that in a case in which the evidence is purely of circumstantial nature, the chain of circumstances must be so complete that they do not admit of any other hypothesis than that of the guilt of the accused and are entirely incompatible with the innocence of the accused. In other words, the conclusion must be irresistible that the accused and the accused alone had committed the crime charged with. If the facts stated by PWs-3 and 4 supported by PW-8 were to be accepted as gospel truth, there could be no other conclusion except that in all probability it was the appellant who had killed the deceased. In other words, the conclusion must be irresistible that the accused and the accused alone had committed the crime charged with. If the facts stated by PWs-3 and 4 supported by PW-8 were to be accepted as gospel truth, there could be no other conclusion except that in all probability it was the appellant who had killed the deceased. However, the law is equally settled that in a case based on circumstantial evidence the facts and circumstances from which conclusion of guilt is sought to be drawn, should not only be of conclusive nature but they must also be cogently and satisfactorily established. If there is even a streak of doubt regarding the correctness of those facts, it shall not be desirable to base a conclusion of guilt of the accused on evidence circumstantial in nature. Tested on this principle the evidence adduced by the prosecution is found to be lacking of that conviction which is a requirement of both law and prudence. 8. To begin with PW-8 stated that during the night itself both PWs-3 and 4 had disclosed to him that the appellant had taken the deceased with him and since then the deceased had not returned home. The first information report (Ext.2) lodged by this witness squarely contradicts him. In the report, he had stated that when he woke up in the morning, PW-4 had disclosed to him how the appellant had arrived there, called the deceased and then both of them went together followed by her and PW-3 to some distance. It means that the witness was not speaking the truth in Court on the question that he came to learn from PWs-3 and 4 that the deceased had left the house with the appellant during the night before being killed. On their part, both PWs-3 and 4 have categorically stated that even though they saw the deceased going with the appellant during the night, they did not disclose this fact to anybody of the family during the night as it was the practice of the deceased going with the appellant and staying out throughout the night. As a matter of fact, they have not stated even this much that they disclosed this fact to anybody including PW-8 even in the morning even after the recovery of the dead body of the deceased. 9. As a matter of fact, they have not stated even this much that they disclosed this fact to anybody including PW-8 even in the morning even after the recovery of the dead body of the deceased. 9. In this context the testimony of PW-1 Chunaku Baski, the village Pradhan, is very significant and unfortunately the learned Sessions Judge of Dumka who tried the appellant, lost sight of its significance. The witness (PW-1) has stated that it was in the night of the occurrence itself that the informant approached him and disclosed that his daughter (deceased) had been killed. The informant took him to the Khalihan of PW-2, where he had found the deceased lying dead. Thus, from the evidence of no less a person than the Pradhan of the village and a close agnate of the informant one finds that the fact that the deceased had been killed was known to the informant and others of the family during the night itself. Still on the next morning when the informant went to the police station, he narrated a story as if he came to know of the death of his deceased daughter only in the morning of 20th of October, 1988. What is intriguing is that PW-1 did not say in Court that anybody disclosed to him that the deceased had gone with this appellant from her house during the night. So is the case with PW-5 Moti Lal Baski who has said that he came to know of the murder of the deceased only in the morning but nobody appears to have stated to him that before being murdered the deceased had left her house with the appellant. 10. Even though the appellant has denied in course of his examination u/S. 313 of the Code of Criminal Procedure that there was an affair between him and the deceased, the evidence is consistent that the deceased and the appellant were in love for each other and they often used to meet during the night. 10. Even though the appellant has denied in course of his examination u/S. 313 of the Code of Criminal Procedure that there was an affair between him and the deceased, the evidence is consistent that the deceased and the appellant were in love for each other and they often used to meet during the night. From the evidence of PWs-1 and 8, it will appear that there was some land dispute between the father of the appellant and some co-villagers including PWs-1 and 8 respecting the land of Jamabandi No. 13 of one Fudan Hansda, as that land was in physical possession of the father of the appellant, even though the opposite party was claiming that the Jamabandi holder Fudan Hansda had died heirless. PW-8 has also admitted that some time back the father of the appellant had assaulted him for which a criminal case had been instituted. In other words, the relationship between the families of the informant and the appellant were strained. Still two youth of those families, namely, the present appellant and the deceased, were in love for each other to the annoyance of the informant and others of his family. This fact is admitted not only by PW-3 but also by PW-8 himself when he stated that it was to his utter dislike that his daughter used to go with the appellant in courtship. It is stated that for this she even used to be scolded by him and others, including his son (PW-7). On the other hand, there is nothing on the record to show that the relationship between the appellant and the deceased had become sour. As a matter of fact the evidence of PW-4, the elder sister of the deceased that when the appellant went to her house, the deceased went with him readily and gladly. Under the circumstances, the appellant had absolutely no motive for killing the lady whom he loved. It is in this background that the evidence of PW-1 that during the night itself the informant had gone to him and took him to the Khalihan of PW-2 stating that she had been murdered, assumes significance. It certainly creates a reasonable doubt regarding the genuineness of the prosecution version and the appellant becomes entitled to get the benefit of such doubt. 11. In the result, the appeal is allowed and the conviction and sentence of the appellant set aside. It certainly creates a reasonable doubt regarding the genuineness of the prosecution version and the appellant becomes entitled to get the benefit of such doubt. 11. In the result, the appeal is allowed and the conviction and sentence of the appellant set aside. He is acquitted of the charge under Sec. 302 of the Penal Code, set at liberty; and directed to be released forthwith if not required in any other matter. 12. J. N. DUBEY, ACJ :- I agree.Appeal allowed.