Honble SINGH, J.–Heard the learned Public Prosecutor and the learned counsel for the respondents. (2). The State has filed this appeal against the judgment dated 29th October, 1979 passed by the learned Additional District and Sessions Judge Udaipur in Sessions Case No. 35/79 State vs. Dhanna Singh and Smt. Varju. By the aforesaid judgment the learned Additional Sessions Judge acquitted Dhanna Singh of the charges under Sections 302 and 201 of the Indian Penal Code and Smt. Varju of the charges under Sections 201 and 302 read with 34 of the Indian Penal Code. (3). The facts of the case may be briefly summarised as below : On 7th January, 1979 at about 4.00 P.M. Makhan Singh submitted a first infor- mation report in writting at Police Station Bheem. According to that report Smt. Hanjas husband expired about 2 years ago and after her husbands death Smt. Hanja adopted Dhanna Singh. After his adoption Dhanna Singh and his wife (Smt. Varju) started living with Smt. Hanja. Dhanna Singh ill-treated Smt. Hanja, he did not give her sufficient money and food and quarrelled with her. Smt. Hanja had two daughters, Smt. Phooli and Smt. Panu. Both of them were married and they lived in Chhapali. When Smt. Hanja could no more bear the treatment meted out to her by Dhanna Singh she approached the Panchas of the village and in presence of Panchas Dhanna Singh gave in writing that he would serve Smt. Hanja and would not quarrel with her. Inspite of written under-taken given by dhanna Singh quarrels between Dhanna Singh and Smt. Hanja continued. Dhanna Singh worked at Ahemdabad and in December, 1978 he came to Togi with his wife and started living with Smt. Hanja. On account of the quarrels between her and Dhanna Singh, Smt. Hanja expressed her desire that she should revoke the adoption and she moved an application before the Sub-Divisional Magistrate for change in entries of revenue record. It was also stated in the first information report Ex.P-1 that Smt. Hanja wanted to give her property to her two daughters and Dhanna Singh wanted to take the property of Smt. Hanja. On 24th December, 1978 Smt. Hanja made an attempt to collect the Panchas but the Panchas could not be assembled as Panchas were not present. On 25th December, 1978 Smt. Hanja disappeared. On 24th December, 1978 Smt. Hanja made an attempt to collect the Panchas but the Panchas could not be assembled as Panchas were not present. On 25th December, 1978 Smt. Hanja disappeared. When Dhanna Singh was asked about Smt. Hanja he told that she had gone to her daughters house and on the same day Dhanna Singh went to Ahemdabad with his wife Varju. Later on it turned out that Smt. Hanja did not go to Chhapali and was not traceable at the house of her relatives. It was also stated in the first information report that when Dhanna Singh was approached he did not give satisfactory answer and sometimes he said that Smt. Hanja had gone to Chhapali and sometimes he had stated that she had gone to Ahemdabad. In Ex.P-1 it was further stated that the villagers apprehended that Smt. Hanja might have been murdered by Dhanna Singh who wanted to grab her property. On the basis of the first information report filed by Makhan Singh the Police registered a case under Section 302 of the Indian Penal Code and commenced investigation. During investigation the Police recovered the dead body of Smt. Hanja and also made recoveries of certain articles. After completing investigation the Police submitted a charge-sheet in the Court of learned Munsif and Judicial Magistrate, Bheem against the accused-respondents charging them with offences punishable under Sections 302 and 201 of the Indian Penal Code. The learned Munsif and Judicial Magistrate, Bheem committed the case to the Court of learned District and Sessions Judge, Udaipur and the case was ultimately made over to the learned Additional Sessions Judge, Udaipur who tried Dhanna Singh on charges under Sections 302 and 201 of the Indian Penal Code and Smt. Varju on charges under Sections 201 and 302 read with 34 of the Indian Penal Code. The learned Additional Sessions Judge after taking into consideration and the evidence produced by the prosecution and hearing both the parties came to the conclusion that the prosecution has failed to prove the charges beyond reasonable doubt. He, therefore, acquitted both the accused persons of the charges fram- ed against them. (4). The learned Additional Sessions Judge after taking into consideration and the evidence produced by the prosecution and hearing both the parties came to the conclusion that the prosecution has failed to prove the charges beyond reasonable doubt. He, therefore, acquitted both the accused persons of the charges fram- ed against them. (4). The learned Public Prosecutor has submitted that the evidence produced by the prosecution was sufficient to prove beyond reasonable doubt that Dhanna Singh and Smt. Varju shared common intention to cause death of Smt. Hanja and in furtherance of common intention of both, Dhanna Singh caused the death of Smt. Hanja and both of them then tried to destroy the evidence of crime. The learned Public Prosecutor has, therefore, submitted that the appeal against acquittal should be allowed and both the accused should be convicted and sentenced according to law. The learned counsel for the respondents has supported the judgment of the learned Additional Sessions Judge and prayed for the dismissal of the appeal. (5). We have carefully considered the rival arguments, the evidence produced by the prosecution, the statements of the accused recorded under Section 313 of the Criminal Procedure Code and the reasons given by the learned Additional Sessions Judge for not relying upon the prosecution evidence. (6). In the trial Court the prosecution examined Makhan Singh (PW-1), Bhim Singh (PW-2), Dr. Akshay Singh Chouhan (PW-3), Gyan Chand Jain (PW-4), Maan Singh (PW-5), Mohan Singh (PW-6), Suresh Chandra (PW-7), Satya Narain (PW-8) and Smt. Phooli (PW-9) in support of the prosecution case. In this case there is no eye witness of the occurrence. The evidence is of circumstantial nature and the nine prosecution witnesses named above have been examined by the prosecution to prove the incriminating circumstances. (7). Makhan Singh (PW-1) is the author of the first information report Ex.P-1. He has proved the first information report Ex.P-1. In this case there is no eye witness of the occurrence. The evidence is of circumstantial nature and the nine prosecution witnesses named above have been examined by the prosecution to prove the incriminating circumstances. (7). Makhan Singh (PW-1) is the author of the first information report Ex.P-1. He has proved the first information report Ex.P-1. The incriminating circumstances alleged by him are (a) that Smt. Hanja had adopted the accused Dhanna Singh and after his adoption Dhanna Singh and his wife used to live with Smt. Hanja and Dhanna Singh ill-treated Smt. Hanja and in consequence of the ill-treatment Smt. Hanja started taking steps for revoking adoption, (b) that when accused Dhanna Singh was enquired about Smt. Hanja he said that he did not know about it, (c) that accused Dhanna Singh had removed the stone from a small ``ovari and from inside the ``ovari got recovered the dead body of Smt. Hanja and (d) that at the instance of Smt. Varju the Police recovered six ``patarias of silver, one woolen paint, one shirt and one ``baniyan of which recovery memo Ex.P-6 was prepared. (8). Bhim Singh (PW-2) has been examined by the prosecution to prove that Smt. Hanja had adopted accused Dhanna Singh and Smt. Hanja often made complaints about ill-treatment given to her by Dhanna Singh and that the Panchayat had assembled at the instance of Smt. Hanja and in that Panchayat Dhanna Singh had given an under-taking in writing that he would provide food and clothings to Smt. Hanja in time and treat her properly but inspite of that under-taking Dhanna Singh continued to ill-treat her and when Smt. Hanja disappeared, accused Dhanna Singh told that she had gone to her daughters house. Bhim Singh (PW-2) is also a witness of the recovery of the dead body of Smt. Hanja and the recovery of silver ring article 5, silver batia articles 6 and 7, a knife article 8, two kataliya (bed covers) articles 9 and 10 and ghagra article 11. (9). Dr. Akshay Singh Chouhan (PW-3) is the doctor who conducted the Post-mortem examination of Smt. Hanja and prepared Post- mortem examination report Ex.P-12. Gyan Chand Jain (PW-4) is the Branch Manager of State Bank of Bikaner and Jaipur, Bheem. He has proved Ex.P-14 given by him to the Police. Maan Singh (PW-5) is the Head Constable who carried Malkhana articles to Forensic Science Laboratory, Jaipur. Gyan Chand Jain (PW-4) is the Branch Manager of State Bank of Bikaner and Jaipur, Bheem. He has proved Ex.P-14 given by him to the Police. Maan Singh (PW-5) is the Head Constable who carried Malkhana articles to Forensic Science Laboratory, Jaipur. Mohan Singh (PW-6) carried the Malkhana articles to Office of Superintendent of Police, Udaipur. Suresh Chandra (PW-7) is the gold smith who has given evidence of the fact that Dhanna Singh had purchased a pair of silver ``payjeb from his shop on 25th December, 1978 after selling a pair of silver kadias which have been marked as articles 12 and 13. According to this witness Dhanna Singh had sold to him silver kadias articles 12 and 13 for a sum of Rs. 200/- and an entry of this transaction was made on account books and the entry is Ex.P- 15. This witness has proved signatures on recovery memo Ex.P-17 and Ex.P-18. Satya Narain (PW-8) is the witness of the recovery of silver kadias from the shop of Suresh Chandra. This witness has proved signature on Ex. P-17 and Ex.P-18 which are recovery memos. (10). Smt. Phooli (PW-9) is one of the two daughters of Smt. Hanja. She has proved the fact that Smt. Hanja had adopted Dhanna Singh and Dhanna Singh used to quarrel with her mother. Smt. Phooli (PW-9) has further added that Dhanna Singh insisted her mother to transfer her land to him and should to also hand over her money to him. Smt. Phooli (PW-9) has identified silver kadias articles 12 and 13, hansali article 16 and patarias article 4 and stated that they belonged to her mother Smt. Hanja. (11). Statements recorded under Section 313 of the Criminal Procedure Code Dhanna Singh had stated that he had been adopted by Smt. Hanja and his relation with Smt. Hanja was cordial. Regarding the dis-appearance of Smt. Hanja, Dhanna Singh had stated that Smt. Hanja disappeared after going away from the house and that while going out of the house she had said that she is going to her daughters house. It is also stated by him that the dead body of Smt. Hanja was recovered by the Police on 7th January, 1979 in his presence and he was arrested on 8th January, 1979 and thereafter the recovery of dead body was shown to have been made on 10th January, 1979. It is also stated by him that the dead body of Smt. Hanja was recovered by the Police on 7th January, 1979 in his presence and he was arrested on 8th January, 1979 and thereafter the recovery of dead body was shown to have been made on 10th January, 1979. Regarding relations with Smt. Hanja, Dhanna Singh had stated that relations were cordial and that all the recoveries made by the Police are false. He has admitted that he had sold silver kadias articles 12 and 13 at the shop of Suresh Chandra (PW-7) for a sum of Rs. 200/- and purchased a pair of silver payjeb vide bill Ex.P-16 and further admitted that these articles have been recovered by the Police. It was also stated by Dhanna Singh that Makhan Singh (PW-1) wanted to take the property of Smt. Hanja and that all the witnesses had given false testimony under the influence of Makhan Singh (PW-1). Regarding the pair of silver kadias Dhanna Singh had stated that these were given by Smt. Hanja to his wife and since they were old and broken they were sold. It is also stated by Dhanna Singh that on 24th December, 1978 Smt. Hanja went away from the house saying that she was going to her daughters house. regarding his own conduct Dhanna Singh had stated that after the departure of Smt. Hanja on 24th December, 1978 he went to Ahemdabad. He came to know about the dis-appearance of Smt. Hanja in January, 1979 when he returned back and made search of Smt. Hanja. He has further stated that when Smt. Hanja could not be searched out he went to Station House Officer, Bheem and requested to search out Smt. Hanja, thereafter, some confidential talk occurred between the Station House Officer of the Police Station and Makhan Singh (PW-1). Dhanna Singh has further stated that on 7th January, 1979 he submitted a report in writing before the Station House Officer of the Police Station and on the same day the Police Officer went to the `bada of Smt. Hanja and got some digging done in the ovari and after removing some mud a dead body appeared to be lying beneath the earth and then the Station House Officer of the Police Station again got mud placed on the body. It was also stated by Dhanna Singh under Section 313 of the Criminal Procedure Code that on 8th January, 1979 he was arrested and on 10th January, 1979 he was taken to the village and alleged recovery of the dead body was done. According to Dhanna Singh the report which is submitted by the Station House Officer is Ex.D-2. (12). Smt. Varju was not examined under Section 313 of the Criminal Procedure Code because the only evidence appearing against her was of recovery of hansali and payjeb and this evidence had already been admitted. (13). The learned Additional Sessions Judge directed his attention to 8 incriminating circumstances which the prosecution attempted to prove before him, there were : (1) Mal-treatment of Smt. Hanja at the hands of Dhanna Singh. (2) Proceeding initiated by Smt. Hanja for getting the adoption annulled. (3) On being enquired about the whereabouts of Smt. Hanja the accused informed the villagers that she had gone to visit her daughters at village Chhapali. (4) Recovery of dead body at the instance of accused Dhanna Singh. (5) Post-mortem as well as inquest report. (6) Recovery of a knife. (7) Recovery of blood stained clothes of accused Dhanna Singh. (8) Different informations supplied by the accused Varju and cons- equent recoveries of ornaments. (14). The Additional Sessions Judge held that the prosecution had succeeded in proving that the relations between Smt. Hanja and Dhanna Singh were on the rocks and that alleged mal-treatment of Smt. Hanja by Dhanna Singh was established and it was further established that as a consequence of ill-treatment meeted out by her Smt. Hanja was seriously thinking to dis-own the accused Dhanna Singh and that it was established that Smt. Hanja had taken steps to get the adoption deed annulled. (15). Regarding third circumstance the learned Additional Sessions Judge held that the prosecution had established that on 25th December, 1978 when villagers enquired about Smt. Hanja from accused Dhanna Singh, the later informed that Smt. Hanja had gone to visit her daughters. (16). Regarding fourth circumstance the learned Additional Sessions Judge held that according to the testimony of Makhan Singh (PW-1) and Bhim Singh (PW-2) the dead body of Smt. Hanja had been unearthed on 7th January, 1979. (16). Regarding fourth circumstance the learned Additional Sessions Judge held that according to the testimony of Makhan Singh (PW-1) and Bhim Singh (PW-2) the dead body of Smt. Hanja had been unearthed on 7th January, 1979. And thereafter accused Dhanna Singh was taken in custody on 8th January, 1979 and on 10th January, 1979 Dhanna Singh was brought to the house where in presence of motbir witness and Sub-Divisional Magistrate the dead body was once again exhumed. The learned Additional Sessions Judge, therefore, held that the alleged recovery of the dead body at the instance of the accused on 10th January, 1979 was a stage- managed show and it cannot be said that the recovery made on 10th January, 1979 was in consequence of the information supplied by the accused and in any case the prosecution does not get any help from the alleged recovery of the dead body of Smt. Hanja on 10th January, 1979. (17). Regarding fifth circumstance the learned Additional Sessions Judge held that the Post-mortem examination report and the inquest report fully establish that death of Smt. Hanja was not natural and was homicidal but there was striking conflict between the oral and writing testimony about the time of death. The gap between the two was wide and was beyond re-conciliation. (18). Regarding recovery of knife the learned Additional Sessions Judge held that according to Bhim Singh (PW-2) a knife had been given to the Police by the real brother of the accused Dhanna Singh and, therefore, it cannot be said with certainty that the knife was recovered from the possession of the accused. (19). The learned Additional Sessions Judge also took into consideration the fact that according to the Serologist report Ex.P-30 knife does not contain human blood. He, therefore, held that recovery of knife was not sufficient to prove the alleged offence. Regarding recovery of blood stained trousers article 1, shirt article 2 and baniyan article 3 the learned Additional Sessions Judge held that the shirt as well as trousers were not found stained with blood and according to the Forensic Science Laboratory Report Ex.P-29 only baniyan was containing blood but it was not proved that it was the origin of human blood. And that there was no proof that these clothes have been recovered from the possession of the accused. (20). And that there was no proof that these clothes have been recovered from the possession of the accused. (20). Regarding the last circumstance the learned Additional Sessions Judge held that patarias article 4, silver kadlas articles 12 and 13, silver payjeb articles 14 and 15 do not incriminate Smt. Varju she was the daughter-in-law of the deceased and patarias and kadlas could have been given by Smt. Hanja to the accused Varju and, therefore, the explanation of Dhanna Singh that kadlas articles 12 and 13 had been given to his wife by Smt. Hanja herself should be held to be probable. (21). The learned Additional Sessions Judge also took into consideration the admission of Makhan Singh (PW-1) that the relations between Devi Singh brother of Dhanna Singh and Smt. Hanja was constantly tense and in these circumstances it could not be said that the circumstances proved by the prosecution conclusively lead to the inference that accused Dhanna Singh had murdered Smt. Hanja. (22). We have carefully considered the evidence and the reasons given by the learned Additional Sessions Judge. The first information report was lodged by Makhan Singh (PW-1) on 7th January, 1979 at 4.00 P.M. on the same day report Ex.D-2 had been submitted by Dhanna Singh at 2.30 P.M. at Police Station, Bheem. It means that the report of Dhanna Singh was submitted earlier at 2.30 P.M. and the first information report Ex.P-1 was submitted at the Police Station after one and half hour of the filing of Ex.D-2. In his report Ex.D-2 Dhanna Singh had stated that his mother Smt. Hanja had gone from the house saying that she was going to Ahemdabad but she did not go there and she was missing. In the first information report Ex.P-1 there was no averment to the effect that Smt. Hanja had been murdered. All that Ex.P-1 contained was the narration of circumstance in which Smt. Hanja dis-appeared and was not traceable and that the villagers apprehended that she might have been murdered by Dhanna Singh. Neither Ex.D-2 nor Ex.P-1 contained a clean recital that Smt. Hanja had been murdered but the Police Officer registered a case under Section 302 of the Indian Penal Code and started investigation. The fact that the Police Officer registered a case under Section 302 of the Indian Penal Code, shows that he had reason to believe that Smt. Hanja had been murdered. The fact that the Police Officer registered a case under Section 302 of the Indian Penal Code, shows that he had reason to believe that Smt. Hanja had been murdered. According to defence version on 7th January, 1979 the Police Officer had visited the house and some digging was made and it revealed that there was a dead body. The fact that the Police Officer registered a case under Section 302 of the Indian Penal Code is competible with the defence version that the dead body of Smt. Hanja was found by the Police Officer on 7th January, 1979. If that is the truth, the recovery of the dead body on 10th January, 1979 as alleged by the prosecution cannot be said to have been made in consequence of the information given by the accused. The conclusion, drawn by the learned Additional Sessions Judge that the recovery of dead body on 10th January, 1979 was the stage-managed show and cannot be said to be in consequence of the information given by the accused Dhanna Singh appears to be quite reasonable in the facts and circumstances of this case. The conduct of the Station House Officer of the Police Station, Bheem is highly suspectable. It cannot be ruled out that after the submission of the report Ex.D- 2 at the Police Station on 7th January, 1979 at 2.30 P.M. the Station House Officer of the Police Station plan to implicate the accused persons after they came to know about the dead body which was burried in the house of Smt. Hanja. We are broadly in agreement with the conclusions arrived at by the learned Addi- tional Sessions Judge and in our considered opinion it cannot be said that the charges against the accused-respondents have been proved beyond reasonable doubt. (23). For reasons mentioned above we find no merit in this appeal it deserves to be dismissed and is hereby dismissed. The respondents are on bail. Their bail bonds are hereby cancelled. They need not surrender.