ORDER : M.M. Mukherjee, J. 1. For an incident that took place on 4-6-1976 in Village Rawan-ki-Dhani, Mundawa Tehsil, District Nagaur in which Gordhan met with his death and some members of his family were injured, the two appellants before us and four others were tried under Sections 147, 302/149, 325 and 323 Indian Penal Code. The trial ended in a conviction of the appellant Shiv Karan under Sections 148, 302, 324/149 and 323/149 Indian Penal Code and of the other appellant Sita Ram, under Sections 148, 302, 324 and 323/149 Indian Penal Code. The other four accused were also similarly convicted. Assailing the order of conviction and sentence the six convicts preferred an appeal which was disposed of by the High Court by upholding the conviction of both the appellants under Section 302 Indian Penal Code and of the appellant Sita Ram under Section 324 Indian Penal Code also. The conviction of the other four accused persons under Sections 302/149 Indian Penal Code was set aside but their convictions for the other offences were maintained. The above judgment of the High Court is under challenge in this appeal at the instance of the two appellants only. 2. Detailed facts of the case need not be stated as this appeal must succeed on the ground that even though the evidence on record establishes that three of the accused persons sustained a number of injuries in the incident no explanation was offered by the prosecution as to how they sustained those injuries. Indeed, the appellant Shiv Karan sustained four injuries and accused Sonki three, one of which was a lacerated wound measuring 4cm x ½cm x bone-deep on the left parieto-occipital region of the scalp, and the appellant Sita Ram sustained one lacerated wound measuring 1cm x ½cm x ½cm also on the parieto-occipital region of the scalp. While on this point it will be pertinent to mention that the injuries sustained by the deceased were a lacerated wound measuring 7 cm x ½cm x bone-deep on the left parietal region of the scalp and a swelling. Considering the nature of injuries sustained by the accused persons in the incident it cannot be said that they were superficial and no explanation was necessary. Considering the nature of injuries sustained by the accused persons in the incident it cannot be said that they were superficial and no explanation was necessary. On the contrary, in the facts of the instant case, absence of any explanation offered for the injuries sustained by the three accused persons, including the two appellants, makes the prosecution case suspect and entitles the appellants to the benefit of reasonable doubt. 3. We, therefore, allow the appeal and set aside the impugned order of conviction and sentence. The appellants who are in custody be released forthwith unless wanted in connection with some other case. Appeal allowed.