JUDGMENT 1. - The appellant Bhanwar lal was indicted for having committed murder of his wife L Bai before the learned Sessions Judge Kota in Sessions Case No. 278/1994. Learned trial Judge vide judgment dated February 23, 1995 convicted and sentenced the appellant under Section 302 IPC to undergo Imprisonment for life and fine of Rs. 100/- in default to further suffer 15 days Rigorous Imprisonment. 2. Put briefly the prosecution case is that the informant Madan Lal (Pw. 5) submitted a written report with the Police Station Udyog Nagar, Kota on June 2, 1994 at 2.15 AM stating therein that on receiving the information about some foul play in the house of his sister Laxmi when he visited her house he found Laxmi dead and her husband Bhanwar Lal (the appellant) was lying unconscious in a pool of blood. On the basis of said report a case under Sections 302 and 307 IPC was registered and investigation commenced. On completion of the investigation charge sheet under Sections 302 and 309 IPC was filed. In due course the case came up for trial before the learned Sessions Judge Kota. Charge under Section 302 IPC was framed against the appellant who denied the charge and claimed trial The prosecution in support of its case examined as many as 11 witnesses. in his explanation under Section 313 Cr.PC., the appellant claimed innocence. Learned Trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. 3. We have heard the rival submissions and scanned the record. 4. The prosecution examined Moil Lal (Pw. 1) and Shanti Bai (Pw. 2) as eye-witnesses of the occurrence but the learned trial Judge did not believe them in toto. Their testimony was partly relied upon. Conviction of the appellant is based on circumstantial evidence. 5. As per Post Mortem Report (Ex.R 17) Laxmi sustained following seven ante mortem injuries: "1. Incised Wound 2, 1/2"X X1, 1/2' vertical on Lt. lower part of neck (common contid)... Internal single vein cut). 2. Incised wound 3'' X 1/2" X 1/4'' term lower part of neck bone deep in center tapping end. 3. Incised wound 2" X 1/2"X 1/2" from Rt. lower neck. 4. Incised Wound on medial inner Lt. shoulder. 5. Incised wound 1"X 1/4 X 1/4' from Rt. side lower lip. 35 6. Scratch 1" from Rt. Hypocrondrium. 7. 2. Incised wound 3'' X 1/2" X 1/4'' term lower part of neck bone deep in center tapping end. 3. Incised wound 2" X 1/2"X 1/2" from Rt. lower neck. 4. Incised Wound on medial inner Lt. shoulder. 5. Incised wound 1"X 1/4 X 1/4' from Rt. side lower lip. 35 6. Scratch 1" from Rt. Hypocrondrium. 7. Incised wound 1/2' X 1/4" X 1/4" lower right arm." According to Dr. Y.K. Sharma (Pw. 11) causes of death was haemorrhage and shock as a result of the injuries. 6. Vide injury-report (Ex.P-18) the appellant also sustained the injuries thus "1. Incised Wound 6.5 cm X 1/2 cm X muscle cut trachral ring exposed. Neck front middle area (Sharp) 2. Incised wound 7.5cm X 1/4 cm X skin deep laterally (Sharp)." 7. Coming to the testimony Moti Lal (Pw. 1) and Shanti Bai (Pw. 2) we lo find that they are husband and wife In their deposition they stated that while they were sleeping on the roof, they heard hue and cry. They saw appellant who was their neighbour, sitting over the chest of his wife Laxmi Bai (deceased). Relations of the appellant and Laxmi were strained. 8. Learned Trial Judge after taking into consideration the entire material available on record observed that at the time of death Laxrni was pregnant and was sleeping with the appellant. Learned trial Judge presumed that as the room in which the deceased and appellant were sleeping was bolted from inside, the possibility of other person entering the room is ruled out. Learned trial Judge was of the view that the injuries found on the person of the appellant could be self inflicted and it was the appellant who had the motive to kill the deceased as no other person had any motive to commit murder of Laxrni Bai. Learned trial Judge also observed that Moti Lal and Shanti Bai did not see the appellant sitting over the chest of the deceased and they do not come in the category of wholly reliable witnesses. 9. The circumstances which were taken into consideration by the learned Trial Judge are as under: (i) The appellant and deceased Laxmi Bai were sleeping alone in the room and the room was bolted from inside; (ii) Entry of other person in the room was not possible. 9. The circumstances which were taken into consideration by the learned Trial Judge are as under: (i) The appellant and deceased Laxmi Bai were sleeping alone in the room and the room was bolted from inside; (ii) Entry of other person in the room was not possible. (iii) The appellant had motive to kill Laxmi as he had suspicion about her character. (iv) The injuries sustained by the appellant were self inflicted. 10. On close scrutiny of the material on record we find that from the FIR (Ex.P-4) itself it is establishing that when Madan Lal (Pw. 5) reached at 33 the place of occurrence deceased Laxmi Bai and appellant in an unconscious state were lying in a pool of blood in an open chowk. Evidently they were not found in a room which was bolted from inside. As regards the statements of Moti Lal (Pw. 1) and Shanti Bai (Pw. 2) are concerned, we are of the view that they are wholly unreliable witnesses. From their statements it is revealed that there was complete darkness in the house and being the neighbours they did not make any attempt to provide any help to the appellant and deceased in availing medical help. Their unnatural conduct only shows that they are not the witnesses of sterling worth. 11. In so far the testimony of Dr. Y.K. Sharma is concerned we find that o he never stated that the injuries sustained by appellant were self inflicted. It appears that his statement was misread by the learned trial Judge. We do not find any explanation from the material on record as to how the appellant had sustained the injuries. The origin and genesis of the incident appears to have been withheld by the investigating authority. 12. We thus see that the prosecution has failed to establish that the appellant and deceased Laxmi were sleeping alone in the room and the room was bolted from inside. As the dead body of Laxmi and appellant in an unconscious state were seen lying in a pool of blood in an open chowk by the informant Madan Lal (Pw. 5), brother of deceased, it cannot be inferred that entry of any other person in the chowk was not possible. The observation of learned trial Judge that the injuries sustained by the appellant could be self inflicted is against the testimony of Dr. Y.K. Sharma. 5), brother of deceased, it cannot be inferred that entry of any other person in the chowk was not possible. The observation of learned trial Judge that the injuries sustained by the appellant could be self inflicted is against the testimony of Dr. Y.K. Sharma. Inferring the motive of appellant that he had a suspicion about the character of Laxmi could not have been drawn in the facts and circumstances of the case. The finding of learned trial Judge is based on surmises and conjectures. 13. The essential ingredients to prove the guilt of the accused by circumstantial evidence are: (a) the circumstances from which the 10 conclusion is drawn should be fully proved; (b) the circumstances should be conclusive in nature; (c) all the facts so established should be consistent with innocence; and (d) the circumstances should to a moral certainty, exclude the possibility of guilt of any person other than the accused. But, the circumstantial evidence in the present case falls short of the required standard of proof. In view of this the impugned judgment of the learned trial Judge deserves to be set aside. 14. As a result of above discussion, we allow the appeal, set aside the impugned Judgment of the learned Trial Judge and acquit the appellant of the charge under Section 302 IPC. The appellant is in jail, he shall be set at liberty forthwith if not required in any other case.Appeal Allowed - Conviction Set Aside. *******