Judgment Rajiv Sharma, J. This appeal is instituted against the judgment dated 12.7.2010 rendered by the Additional Sessions Judge, Fast Track Court, Kullu in Sessions Trial No. 3 of 2010 whereby the appellant-accused (hereinafter referred to as the “accused” for convenience sake), who was charged with and tried for offence punishable under sections 302 of the Indian Penal Code, has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 20,000/- and in default of payment of fine, he was further directed to undergo simple imprisonment for a period of one year for the commission of offence under section 302 of the Indian Penal Code. 2. Case of the prosecution, in a nutshell, is that PW-1 Sita Thakur was residing in the house of her parents at Manikaran. Geeta Had come to the house of her parents one day prior to Rakshabandhan in the year 2009. Accused came to Manikaran on 12.8.2009 and stayed with his wife in the house of her parents. Mahinder Kaur had gone to Punjab about 3-4 days prior to the incident. Sita, her father PW-3 Suresh Kumar, deceased Gita and accused were present at the house on the date of the incident. Accused asked his wife to accompany him on 13.8.2009 to Anni. She declined and asked the accused to wait for her mother. Accused got infuriated and started abusing his wife. Sita went to Ram Mandir at about 2-2:30 p.m. for answering the call of nature. When she came back after 3-4 minutes, she saw accused running towards Ram Mandir. Thereafter, accused ran towards Gurdwara. Sita came to her house and found that the door was closed. However, it was not bolted. She went inside and found that Gita was dead and was lying in a pool of blood. One darat Ext. P-1 was lying on the spot. It was stained with blood. The spectacles of the deceased Ext. P-2 were also lying on the spot. There was an injury on the neck of the accused. PW-1 Sita went to the house of her sister, PW-5 Deepa. She narrated the incident to her. PW-5 Deepa came on the spot. Sita went to call her father from Brahm Ganga. The matter was reported to the Police. Statement of PW-1 Sita was recorded Ext. PW-1/A by PW- 11 Dulo Ram. PW-1 Sita went to the house of her sister, PW-5 Deepa. She narrated the incident to her. PW-5 Deepa came on the spot. Sita went to call her father from Brahm Ganga. The matter was reported to the Police. Statement of PW-1 Sita was recorded Ext. PW-1/A by PW- 11 Dulo Ram. It was sent to Police Station for registration of the FIR on the basis of which FIR Ext. PW-10/A was registered. The police invested the case and after investigation of the case, Challan was put up in the Court after completing all the codal formalities. 3. Prosecution examined as many as sixteen witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He denied the case of the prosecution in entirety. Learned trial Court convicted and sentenced the accused, as noticed hereinabove. 4. Mr. Naveen K. Bhardwaj has vehemently argued that the prosecution has miserably failed to prove its case against the accused. 5. Mr. Ramesh Thakur, learned Assistant Advocate General has supported the judgment passed by the trial Court. 6. We have heard the learned counsel for the parties and have gone through the record carefully. 7. PW-1 Sita Devi has deposed that her sister Gita had come from Anni on 5.8.2009 to celebrate Raksha Bandhan. She was residing with them. Accused came on 13.8.2009. He also stayed in the house of her parents. Her mother had gone to Punjab to the house of her sister. Incident took place on 13.8.2009. She, accused and her sister Gita were present in the house of her parents. Her brother and sisters had gone to play. Her father had gone to Brahm Ganga. Deepa was in her house. Accused asked her sister Gita to accompany him to Anni at 2:30 p.m. She replied that she would leave the home on the arrival of her mother. She went to toilet. It was at some distance. She returned after 3-4 minutes. She found that dead body of her sister was lying on mattresses. The accused was running towards Gurdwara. His clothes were stained with blood. Her sister was bleeding. Blood had spilled over the floor. Blood stained darat was lying on the spot. Spectacles of her sister were also lying on the spot. She tried to wake up her sister, but she was dead. Her body was cold and she was not moving. The accused was running towards Gurdwara. His clothes were stained with blood. Her sister was bleeding. Blood had spilled over the floor. Blood stained darat was lying on the spot. Spectacles of her sister were also lying on the spot. She tried to wake up her sister, but she was dead. Her body was cold and she was not moving. She noticed injury on her neck. According to her, injury was caused with darat. She went to the house of Deepa. She told her that brother- in-law has killed her sister. Thereafter, she went to Brahm Ganga to call her father. Her sister brought the Police to the spot. When the accused and deceased were quarrelling, she left to answer the call of nature. Nobody was present on the spot nor any other person came on the spot. In her cross-examination, she has deposed that her sister Deepa was residing in a separate house at a distance of 5-10 mtrs. from the house of her parents. The toilet where she had gone was located at a distance of 10 meters from the house of her parents. She had not talked to any person while going to toilet and coming back from the toilet. She came back within 2-3 minutes. Police post is near to her house. She has also admitted that many people visit Manikaran for going to Ram Mandir and Gurdwara. Brahm Ganga was located at a distance of 5-10 minutes walk from her house. She returned to her house along with her father after about five minutes. Her sister had already left prior to their arrival. When they returned, the Police had already arrived at the spot. There were 3-4 police officials. According to her, when Ext. P-1 to Ext. P-3 were recovered by the Police, accused was not present on the spot. Dead body of her sister was brought from the room to the kitchen by her father. Volunteered that he was thinking that she was alive and he wanted to take her to the doctor. She had admitted in her cross-examination that the Police had applied the blood on the T-shirt of the accused with the help of brush. 8. PW-2 Tara Chand has deposed that dead body of the wife of accused and daughter of Suresh Kumar was lying in the house. There was a mark of injury on the neck. She had admitted in her cross-examination that the Police had applied the blood on the T-shirt of the accused with the help of brush. 8. PW-2 Tara Chand has deposed that dead body of the wife of accused and daughter of Suresh Kumar was lying in the house. There was a mark of injury on the neck. The house comprised of a kitchen and one room. The police took photographs. The police recovered Darat, mattresses and spectacles from the spot. He carried dead body towards other side of the river. Sketch of darat was also prepared. 9. PW-3 Suresh Kumar is the father of the deceased Gita. His daughter Sita came to him at about 2 p.m. and told that accused had murdered his wife. When he reached the house, his daughter was lying on the mattresses in a pool of blood. There was cut mark on her neck. He tried to pick up her and take her to doctor. However, her neck was severed partially and she was dead. He kept the dead body in the kitchen. Blood spilled over the television and temple. Police arrived on the spot and took the photographs. In his cross-examination, he has deposed that he dragged the body out of the room. The mattress was lying inside the room and it was not brought to the kitchen. PW-4 Hukum Ram has deposed that the blood stained T-shirt of the accused was taken into possession on 13.8.2009 at about 11:15 p.m vide seizure memo Ext. PW2/G. 10. PW-5 Deepa is the sister of the deceased. She was sitting in her room on 13.8.2009 at about 3 p.m. Her younger sister Sita came to her and told that accused has killed Gita with darat. She went to Brahm Ganga to narrate this incident to her father. She went to the house of her parents and found that the dead body of her sister stained with blood was lying on the mattress. One blood stained darat was lying near the dead body. Police seized darat, spectacles and mattresses. 11. Statements of PW-6 Paine Ram, PW-7 Ram Krishan, PW-8 Uttam Singh, PW-9 Ved Ram, PW-10 Prem Dass, PW-11 Dulo Ram and PW-12 Sanjeev Chauhan are formal in nature. 12. PW-13 Dr. Palzore has conducted the post mortem. He issued post mortem report Ext. PW13/A. He noticed following injures on the dead body. “1. Police seized darat, spectacles and mattresses. 11. Statements of PW-6 Paine Ram, PW-7 Ram Krishan, PW-8 Uttam Singh, PW-9 Ved Ram, PW-10 Prem Dass, PW-11 Dulo Ram and PW-12 Sanjeev Chauhan are formal in nature. 12. PW-13 Dr. Palzore has conducted the post mortem. He issued post mortem report Ext. PW13/A. He noticed following injures on the dead body. “1. A large incised wound involving neck muscles, vessels, trachea esophagus and also cervical vertebrae; 2. The wound was anti-mortem in nature; 3. The rigor mortis was present on all the limbs. 4. A large incised wound was piercing beyond cervical vertebrae about 8 cm in size in front of neck. A overlapping another incised wound of about 7 cm in size around the neck. 5. A linear incised wound of about 5-6 cm. incise just above the left ear.” According to him, the deceased died of severe injury in front of neck involving major vessels leading to excessive bleeding, shock and death. According to him, the injuries noticed by them on the dead body could have been caused with the help of darat, Ext. P-1. 13. PW-14 Santosh Kumar has deposed that accused was engaged as a servant in his orchard. His wife was residing with him. He was paying them a sum of Rs. 4000/- per month. Gita had left her house on 4.8.2009 to celebrate Rakhi. The accused left his house on 11.8.2009. 14. Statement of PW-15 Narpat is formal in nature. 15. PW-16 Pawan Kumar has deposed that he reached the spot on 13.8.2009. He conducted the spot inspection. He prepared site plan Ext. PW16/A and sketch Ext. PW2/B. Recoveries of T-shirt etc. were effected. In his cross-examination he has admitted that he has not taken the call details of the accused and deceased in possession. 16. DW-1 Dr. Ramesh Chander has deposed that he conducted post mortem of deceased Gita on 14.8.2009. The probable duration between death and post mortem examination was more than 6 hours and less than 24 hours, in his opinion. The death was instantaneous. The body could become cold within 2-3 hours after the death. 17. According to PW-1 Sita Devi, accused had asked her sister to accompany him to Anni at 2.30 P.M. She replied that she would leave the home on the arrival of mother. Thereafter a quarrel started. She went to toilet. She came back after 3-4 minutes. The body could become cold within 2-3 hours after the death. 17. According to PW-1 Sita Devi, accused had asked her sister to accompany him to Anni at 2.30 P.M. She replied that she would leave the home on the arrival of mother. Thereafter a quarrel started. She went to toilet. She came back after 3-4 minutes. She found that dead body of her sister was lying on the mattress and the accused was running towards Gurdwara. A ‘darat’ was lying on the spot smeared with blood. Thereafter, she went to the house of PW-5 Deepa. She told that her brother-in-law has killed her sister. She went to Braham Ganga to call her father. PW-3 Suresh Kumar, father of deceased has deposed that his daughter Sita came to him at about 2.00 P.M. and told that accused has murdered his wife. PW-5 Deepa has deposed that she was sitting in her room on 13.8.2009 at about 3.00 P.M. PW-1 Sita came to her and told that accused has killed Gita with darat. She went to Braham Ganga to narrate the incident to her father. Thus, according to PW-1 Sita, the incident has taken place at 2.30 P.M. However, PW-2 Suresh Kumar has deposed that he was informed about the incident at 2.00 P.M. PW-5 Deepa has deposed that PW-1 Sita had come to her at about 3.00 P.M. The timing is significant in this case since according to PW-1 Sita, accused asked deceased to accompany him to Anni at 2.30 P.M. She went to toilet and came back after 3-4 minutes. The toilet was at a distance of 10 meters and the house of PW-5 Deepa was at a distance of 5-10 meters from the house of her parents. If the incident has taken place at 2.30 P.M., there was no occasion for PW-1 Sita Devi to go to Braham Ganta to narrate the incident to PW-3 Suresh Kumar at 2.00 P.M. According to PW-1 Sita, Braham Ganga is located at a distance of 5-10 minutes walk from their house. According to PW-5 Deepa, Sita came to her at 3.00 P.M. 18. The dead body was lying in the room. The house comprised of one room and one kitchen. PW-3 Suresh Kumar, in his cross-examination, has testified that dead body was dragged out of the room. According to PW-5 Deepa, Sita came to her at 3.00 P.M. 18. The dead body was lying in the room. The house comprised of one room and one kitchen. PW-3 Suresh Kumar, in his cross-examination, has testified that dead body was dragged out of the room. Why he has dragged the body from room to kitchen has not been explained satisfactorily. The only explanation PW-1 Sita has given that PW-3 Suresh Kumar was thinking that she might be alive and he wanted to take her to the doctor. In her examination-in-chief, PW-1 Sita has deposed that she tried to wake up her sister, but she was dead. Her body was cold and she was not moving. 19. Mr. Ramesh Thakur, learned Assistant Advocate General has vehemently argued that T-Shirt was recovered and the blood was found on the same. PW-1 Sita has testified that the police has applied the blood on the T-shirt of the accused with the help of brush from the floor. It renders the recovery of blood stained ‘T’ shirt highly doubtful. Rather the manner in which the blood has been planted on the T-shirt of the accused render the entire case of the prosecution untruthful. 20. The case is based on circumstantial evidence. There is no eye witness in this case. The motive attributed to the accused is that he asked his wife to accompany him, but she refused. Trivial issue that wife has refused to accompany the accused could not lead to murder, that too, in the afternoon when the sister was also present at the house with the deceased. The house of PW-5 Deepa is only at a distance of 5-10 meters. There were other houses near the police station and the police station was also not very far from the spot of incident. Rather PW-2 Tara Chand, in his cross-examination, has admitted that many houses surrounded their houses and the house of Deepa and the house of her father were located in the same colony and these were adjacent to each other. 21. Recovery of darat is also doubtful in view of the fact that PW-2 Tara Chand was declared hostile and was cross-examined by the learned Public Prosecutor. He has denied that the police seized darat, spectacles, mattresses and the cloth having blood in his presence and these were taken into possession vide separate memos. 21. Recovery of darat is also doubtful in view of the fact that PW-2 Tara Chand was declared hostile and was cross-examined by the learned Public Prosecutor. He has denied that the police seized darat, spectacles, mattresses and the cloth having blood in his presence and these were taken into possession vide separate memos. He has denied portions A to A, B to B, C to C and D to D of his previous statement mark ‘A’ made before the police. He has also denied that the police has seized T-shirt worn by the accused, which was stained with blood. Rather, according to PW-2 Tara Chand, Gita Devi was not at home on 8.8.2009. He did not know where she had gone. Then stated that she had gone with her mother towards Punjab. 22. Consequently, in view of analysis and discussion made hereinabove, the prosecution has failed to prove its case beyond reasonable doubt that the accused has committed murder of Gita. The circumstances noticed by us hereinabove creates reasonable doubt in the version of prosecution. 23. Accordingly, the appeal is allowed. Judgment of conviction and sentence dated 12.7.2010 passed in Sessions Trial No. 3 of 2010 by learned Additional Sessions Judge, Fast Track Court, Kullu is set aside. Accused is acquitted of the charge framed against him by giving him benefit of doubt. Fine amount, if already, deposited be returned to the accused. Since the accused is in jail, he be released forthwith, if not required in any other case. 24. The Registry is directed to prepare the release warrant of accused and send the same to the Superintendent of Jail concerned in conformity with this judgment forthwith.