JUDGMENT : Suman Shyam, J 1. Heard Mr. Mrinmoy Dutta (1), learned counsel appearing for the appellants. We have also heard Mr. Mrinmoy Dutta (2), who was original engaged as Amicus Curiae to represent the appellants. Mr. Mrinmoy Dutta (1) was privately engaged by the appellants at a subsequent stage and hence, on the request of this Court, the learned Amicus Curiae had continued to represent the appellants in this case. We have also heard Ms. B. Bhuyan, learned Sr. Advocate & APP, Assam, who has appeared on behalf of the State of Assam. 2. This appeal arises out of the judgement dated 30/09/2019 passed by the learned Additional Sessions Judge (FTC) Sonitpur in Sessions Case No. 156/2015 whereby, both the appellants have been convicted under Section 302/34 of the Indian Penal Code (IPC) for committing the murder of the deceased Nanki Hasda and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 10 thousand each with default stipulation. 3. The prosecution case, in a nutshell, is that on 19/02/2014, the appellants/accused persons went to the house of Boloram Hasda and woke him up as well as his wife Nanki Hasda. Thereafter, they had assaulted the victim Nanki Hasda with lathiand sharpweapon (dao)and fled the place. After the incident, they went to the Thelamara Police Station and confessed their guilt. Later on, the husband of the victim, viz. Boloram Hasda had lodged an ejahar, based on which, Thelamara Police Station case No. 9/2014 was registered under Section 302/34 of IPC. The matter was taken up for investigation by the Police and on completion of investigation, charge sheet was submitted against both the accused persons under Section 302/120-B/304/34 IPC based on which charge was framed by the learned trial Court. The charges were explained to the accused persons but since they had pleaded not guilty, the matter went up for trial. 4. There is no direct evidence in this case. The prosecution case is entirely based on circumstantial evidence. In order to establish the charge, the prosecution had examined as many as 11 witnesses including the doctor (PW-3) who had conducted the post-mortem examination on the dead body and the IO (PW-11) who had carried out investigation in this case. Amongst the rest of the witnesses, some of them were family members of the informant. In order to establish the charge, the prosecution had examined as many as 11 witnesses including the doctor (PW-3) who had conducted the post-mortem examination on the dead body and the IO (PW-11) who had carried out investigation in this case. Amongst the rest of the witnesses, some of them were family members of the informant. However, as many as five of the prosecution witnesses were declared hostile. Eventually, on evaluation of the evidence brought on record, the learned trial Court had found both the appellants guilty of committing the offence punishable under Section 302/34 of the IPC and sentenced them as aforesaid. However, both the accused persons were acquitted in respect of the charge framed under Section 304/120-B IPC. 5. By referring to the impugned judgement Mr. Mrinmoy Dutta (1) has argued that the prosecution has failed to establish the charge brought against the accused persons beyond reasonable doubt by adducing cogent evidence. It is also the submission of the learned counsel that the explanation furnished by the accused persons while recording their statement under Section 313 Cr.P.C. was a cogent one but the same was not at all considered by the learned trial Court, thereby having a vitiating effect on the impugned judgement. Contending that failure to examine the informant in this case, has resulted in serious lacuna in the prosecution case, the learned counsel submits the benefit of such lacunae must go in favour of the accused/appellants. On such ground Mr. Dutta has argued that this is a fit case to grant acquittal to the appellants. In addition to the above, Mr. Dutta (1) has also invited the attention of this Court to the materials brought on record to submit that both the appellants were juvenile on the date of occurrence i.e. 19/02/2014 although no such plea was taken before the learned trial Court. 6. Supporting the contentions advanced by Mr. Mrinmoy Dutta (1), Mr. Mirnmoy Dutta (2), learned Amicus Curiae in this case, has also submitted that failure to connect the blood samples of the victim with the blood found in the seized weapon, indicates that the investigation in this case was not carried out with any degree of seriousness. 6. Supporting the contentions advanced by Mr. Mrinmoy Dutta (1), Mr. Mirnmoy Dutta (2), learned Amicus Curiae in this case, has also submitted that failure to connect the blood samples of the victim with the blood found in the seized weapon, indicates that the investigation in this case was not carried out with any degree of seriousness. The fact that the informant had gone absconding soon after lodging the ejahar is a clear indication of the fact that it is the informant who is guilty and in view of the explanation furnished by the appellants, the evidence of DW-1 brought on record, there is sufficient doubt as to the involvement of the appellants in commission of the crime. According to Mr. Mrinmoy Dutta (2), benefit of such doubt must go in favour of the accused. 7. Responding to the above, Ms. Bhuyan, learned APP, Assam, has argued that the accused persons have confessed their guilt before the Police. The weapon as well as the blood stain jacket worn by the accused persons were also seized by the Police. The aforesaid seized articles, points towards the involvement of the accused persons in the incident. The learned APP has, however, submitted in her usual fairness that confession made to the Police during investigation, would not be admissible in evidence and, therefore, such materials ought not to have been relied upon by the learned trial Court while convicting the appellants. 8. We have considered the submissions advanced by the learned counsel for both the sides and have also gone through the evidence available on record. Since the basic thrust of argument of the appellants’ counsel is that the charge brought against the accused persons/appellants could not be proved by the prosecution beyond reasonable doubt, we deem it appropriate to briefly discuss the evidence available on record. 9. PW-1 Malati Hasda is the sister-in-law of the accused persons. She is also related to the deceased. PW-1 had deposed that she did not know as to how the deceased had died. At that stage, she was declared as a hostile witness at the request of the prosecution. On being confronted with her previous statement made before the IO, this witness has denied of having stated before the IO that the appellants had assaulted the victim with a daoand killed her. 10. At that stage, she was declared as a hostile witness at the request of the prosecution. On being confronted with her previous statement made before the IO, this witness has denied of having stated before the IO that the appellants had assaulted the victim with a daoand killed her. 10. PW-2 Rima Hasda is a villager and was known to the accused persons as well as the deceased. She has also denied of having any knowledge regarding the circumstances under which the victim had died. As such, PW-2 was also declared as a hostile witness. During her cross examination by the prosecution, this witness has denied of having stated before the Police that she had any knowledge about the appellants having killed the deceased at night. 11. Dr. Arup Rajbongshi was examined as PW-3. He was the doctor on duty at the Kanaklata Civil Hospital on 19/02/2014 and had performed the post-mortem examination on the dead body of Nanki Hasda. The doctor has brought on record the findings in his post-mortem report, which are reproduced herein below :- “The dead body was identified and escorted by UBC 243 Kishore Jyoti Nath. The findings were :- (i) Multiple cut marks on the neck, almost separating the neck except part of skin tissue. (ii) Cut in the scalp – 6 inch x 1 1/2 inch. (iii) Linear cut in left wrist joint – 3 inch x 1 inch. (iv) Cut injury in the left hand – 5 inch x 1 inch. (v) Transverse cut mark in the right wrist joint – 4 inch x 1 inch. (vi) Fore arm – fracture of both bone – 3 1/2 inch x 1 1/2 inch. (vii) Cut injury in the elbow – 4 inch x 1 1/2 inch. (viii) Cut injury in the back with underline fracture of right scapula – 3 inch x 1 1/2 inch. (ix) Converse cut injury in the right supra scapular region 4 inch x 1/2 inch. PW-3 has also proved the post-mortem report Ext. 1 and has opined that the cause of death was due to shock and haemorrhage as a result of multiple cut injuries. 12. Md. Nazar Ali, who was the Secretary of the VDP at the relevant point of time, was examined as PW-4. PW-3 has also proved the post-mortem report Ext. 1 and has opined that the cause of death was due to shock and haemorrhage as a result of multiple cut injuries. 12. Md. Nazar Ali, who was the Secretary of the VDP at the relevant point of time, was examined as PW-4. This witness has deposed that the appellants had informed the Officer-in-Charge, Thelamara Police Station in his presence that they had killed “Khuri”(aunt) since she had done some bad things. He is also a seizure witness of Ext-2 seizure list, by means of which, blood stained ‘dah’(dao), blood stained jacked of Pradip Hasda and blood stained khaki colour jacket of Raju Murmu was seized by the Police. During his cross examination, this witness has clarified that he could not say as to which one of the two persons present in the dock is Pradip and which one is Raju. 13. Sri Uday Hasda is the brother of the informant and he was examined as PW-5. This witness has deposed that he came to know from his brother Boloram that victim Nanki has been cut. He could not say anything else. At this stage, this witness was declared hostile on the request of the prosecution. During the cross examination by the prosecution, this witness has denied of having stated before the IO that he had any knowledge about the fact that the villager Pradip and Raju had assaulted the deceased with a dao, thereby killing her. 14. PW-6 Sri Dubara Hasda is another brother of Boloram i.e. husband of the victim. He has also stated that on the next morning, he could learn that Nanki had been killed. PW-6 was also declared as a hostile witness on the request of the prosecution and in similar manner he had also denied having stated before the IO as regards any personal knowledge pertaining to the incident. 15. Sri Pulak Sharma, UBC was examined as PW-7, It appears from his evidence that he was on night duty at the Thelamara Police Station on the date of the occurrence. According to PW-7, two persons came to the Police. He was scared as he had seen blood in their jackets and on their body but he had asked them to come in. When he asked them as to what had happened, they told him that they had killed one ‘Khuri’as her character was bad. According to PW-7, two persons came to the Police. He was scared as he had seen blood in their jackets and on their body but he had asked them to come in. When he asked them as to what had happened, they told him that they had killed one ‘Khuri’as her character was bad. He had informed the Officer-in-Charge immediately. According to PW-7, there was a ‘dah’(dao) and blood over it which was in the hand of Pradip Hasda and there was a “tree bark”/lathi like thing in the hand of Raju. There were jackets in their hands and there was blood in it. This witness had identified his signature Ext. 2(2) in the seizure list Ext. 2. 16. PW-8 Smt. Renu Borah Handique was the Scientific Officer, Serology Division in the Directorate of Forensic Science, Assam, Kahilipara, Guwahati. She was on duty on 04/04/2014 when the samples, as described herein below, were sent to the Forensic Science Laboratory for examination. The description of the articles sent for examination, as evident from the testimony of PW-8, are as under :- “Description of articles : 1. One bamboo handle Dao with iron bari (pati) wrapped the handle contains stain of suspected blood, total length 51.12 cm. Dao is moderately rusted Marked as “A” MR No. 02/14 (Pradip Hasda), Sero No. 3297/A 2. One Ash coloured full sleev full open jacket contains stain of suspected blood Marked as “B” as MR No. 02/14 (Razu Murmu), Sero No. 3297/B. 3. One Brown coloured full open full sleev jacket contains stain of suspected blood Marked as “C” MR No. 02/14. Sero No. 3297/C 4. A few amount of cotton absorbed in blood marked as “D” MR No. 03/14, Sero No 3297/D.” 17. According to PW-8, the blood samples, the same gave positive test for human blood of Group –A. This witness has also proved Ext-3 i.e. her report as well as Ext. 4 i.e. the forwarding letter of Superintendent of Police, Sonitpur. In her cross examination, PW-8 has clarified that blood group A is found in millions of human being. 18. Sri Ajit Soren was examined as PW-9 and he has deposed that he knew the accused persons as well as the deceased Nanki Hasda. According to PW-9, the occurrence took place about a year back. In her cross examination, PW-8 has clarified that blood group A is found in millions of human being. 18. Sri Ajit Soren was examined as PW-9 and he has deposed that he knew the accused persons as well as the deceased Nanki Hasda. According to PW-9, the occurrence took place about a year back. He came to know about the incident on the next day and saw the dead body of Nanki Hasda, which was lying in front of the house. Police had collected blood from the dead body of Nanki Hasda so as to send it to the Forensic Science Laboratory (FSL). The blood was seized by Ext. 5 wherein, he had put his signature Ext. 5(1). During his cross examination, PW-9 has stated that the contents of Ext. 5 were not read over to him and that his signature was obtained in a blank paper. 19. Sri Budhuram Murmu was examined as PW-10. This witness has deposed that the incident took place about 2 ½ to 3 years ago and on the next day of the incident, the Police came to the house of Nanki when he reached there. He saw the dead body of Nanki. Police took his signature in Ext. 5 at the place where the dead body was lying. This witness has proved his signature Ext. 5(2) but has deposed that he did not know as to why his signature was taken by the Police. During his cross examination, PW-10 has also denied of having stated before the IO that the accused persons had brutally killed Nanki Hasda by stabbing her with sharp daoand thereafter surrendered before the Police Station. 20. PW-11 Ibrahim Ali was the Investigating Officer (IO) in this case. He was posted at the Thelamara Police Station on 19/02/2014. PW-11 has deposed that on that day, he had received information that two persons had surrendered with weapon in the Police Station. At that time, he was in his official quarter, which was adjacent to the Police Station. He immediately came to the Police Station. At that time the accused appellant Pradip Hasda had a ‘dao’ in his hand and Raju had a ‘lathi’. They surrendered before the Police. Both of them had confessed of having killed Nanki Hasda of the village. At that time, he was in his official quarter, which was adjacent to the Police Station. He immediately came to the Police Station. At that time the accused appellant Pradip Hasda had a ‘dao’ in his hand and Raju had a ‘lathi’. They surrendered before the Police. Both of them had confessed of having killed Nanki Hasda of the village. PW-11 has also deposed that there were blood stains on the clothes of the accused persons as well as on the dao. He had seized the weapons in presence of witnesses and made GD Entry No. 393 dated 19/02/2014. He had recorded the statement of the seizure witnesses, visited the place of occurrence at village Habigaon and found the dead body of the victim lying near the gate of the house. He has conducted inquest over the dead body in presence of the Magistrate and noticed cut marks on the dead body. Thereafter, he sent the dead body for post-mortem examination and collected blood samples of the victim from the place of occurrence, recorded statement of the witnesses, prepared sketch map. After he had returned to the Police Station, the husband of the victim had lodged FIR (Ext. 7) which bears his signature Ext. 7(1). The IO has further stated that he had sent the seized dao, the clothes and the blood samples to the FSL for examination by the Forensic Science experts. The Forensic expert has submitted a report. According to PW-11, during interrogation, both the accused persons have confessed that they have committed the crime. On completion of investigation he had submitted charge sheet. The IO has also brought on record the contradiction in the testimony of the hostile witnesses. 21. Sri Bholaram Borah was examined as CW-1. He has exhibited GD entry No. 393 dated 19/02/2014, which was marked as Ext. 11. 22. While recording their statement under Section 313 Cr.P.C., both the accused persons have not only claimed innocence but have also stated that they had gone to the Police Station merely to inform the Police about the death of Nanki Hasda and when they reached the Police Station, they were questioned as to whether they had killed Nanki as there were blood stain in their clothes but when they had denied, the Police assaulted them and forced them to confess their guilt. In support of their above stand, the defence side had also examined one witness (DW-1) viz. Bhadreswar Hasda. DW-1 has deposed that in the morning, at around 6 a.m., he had noticed Nandi Hasda lying on the road in an injured condition and Boloram Hasda (informant) and both the accused persons had lifted her and put her by the side of the road. Boloram went to the scribe for writing the FIR and sent both the accused persons to the Police Station for informing the matter to the Police. DW-1 has further stated that Boloram and his wife used to have quarrel with each other on regular basis and if other neighbourer visited their house, both of them used to scold the villagers. He came to known that the Police had stopped the accused while returning back from the Police Station. DW-1 has further deposed that Boloram has not returned home and both the daughters of Boloram are married and they are residing in their matrimonial houses. At around 8 a.m., Police came to the spot. He also accompanied the dead body of Nanki when taken for post-mortem examination. In his cross examination, DW-1 has denied that he had deposed falsely to save his relatives. 23. A careful reading of the testimonies of PWs-1, 2, 5, 6 and 10 clearly indicates that these witnesses did not see the incident nor did they have any special knowledge as regards the circumstances under which the incident took place. To that extent, they did not support the prosecution story. Consequently, all these witnesses have been declared as hostile witnesses. The IO had made an attempt to prove the contradictions in the testimony of those five witnesses. However, even if it is assumed that these witnesses had actually stated before the IO as projected by the prosecution, even then, those statements were not based on their personal knowledge but were heard from some source. Therefore, statements of PWs-1, 2, 5, 6 and 10 recorded under section 161 Cr.P.C. even if deposed before the Court, would have been hearsay evidence and hence, the same would not establish the case of the prosecution. 24. From the testimony of PW-3, it is clearly established that the deceased had died a homicidal death by sustaining multiple grievous injuries on her body. 24. From the testimony of PW-3, it is clearly established that the deceased had died a homicidal death by sustaining multiple grievous injuries on her body. However, the key question that would arise for decision in this case is as to whether the appellants are guilty of committing the murder of the deceased. To answer this question, we would go back to the contents of the ejahar lodged by Sri Boloram Hasda i.e husband of the victim on 19/02/2014. As per the ejahar, the appellants came to their house, woke them up from sleep, took them to the road in front of their gateway and thereafter, hacked the victim with a daoand killed her brutally. Than the informant ran out of fear to save his life. What would, however, be significant to note herein is that around 6 a.m. on 19/02/2014, the appellants had gone to the Police Station to inform about the incident and as per the explanation furnished by them while recording statement under Section 313 Cr.P.C., they had gone to the Police Station as per the instruction of the informant i.e. Boloram Hasda. The ejahar was lodged at 11-45 a.m. i.e. nearly 6 (six) hours thereafter. By that time the accused persons were already detained in the Police Station. From the materials available on record it appears that the informant had gone missing soon after lodging the ejahar and he is traceless even till today. Therefore, the projection in the FIR does not appear to be correct. 25. PW-4 has claimed that he has also heard the accused persons admitting that they had killed Nanki before the OC, Thelamara Police Station but such statement made by the accused persons to the Police, would not be admissible in law. Therefore, the extra judicial confession sought to be brought on record by the PW-4, in our view, would not have any material bearing in this case. 26. In so far as the testimony of PW-7 is concerned, here also, we find that this witness has stated that the accused persons came to the Police Station and had admitted that they had killed their ‘Khuri’ i.e. the victim since she had a bad character. However, the evidence adduced by PW-7 on the above count would be hit by Section 25 of the Indian Evidence Act and, therefore, would be inadmissible in the eye of law. However, the evidence adduced by PW-7 on the above count would be hit by Section 25 of the Indian Evidence Act and, therefore, would be inadmissible in the eye of law. Likewise, the evidence of PW-11 to the effect that the accused persons had confessed in the Police Station of having killed the victim would also be inadmissible in evidence due to the bar of section 25 of the Evidence Act. 27. In the above context, it would also be pertinent to note herein that although the blood samples, along with the other articles seized by the Police, were sent to the Forensic Science Laboratory for chemical examination, yet, the FSL report merely indicates that the sample had tested positive for human blood of Group-A. There is nothing to show that the blood sample found in the victim’s body and one found in the seized weapon and clothes were of the same person. In other words, the FSL report did not connect the accused persons with the occurrence. There is also no other evidence available on record which would conclusively establish the role of the accused persons in commission of the crime. 28. Referring to the materials on record, the learned counsel for the appellants have argued that it was none other than the informant i.e. the husband of the victim, who is responsible for the incident and the accused persons, who were innocent, have been framed in the matter since they had gone to the Police Station to report the incident. 29. Having regard to the facts and circumstances of the case in its entirety, the explanation furnished by the accused persons under Section 313 Cr.P.C. as well as the evidence of DW-1, we find sufficient force in the submission of the appellants’ counsel and hold that there is reasonable doubt as to whether, the appellants had actually committed the crime or whether they were merely involved in shifting the body under the instruction of the informant and thereafter, in reporting the matter to the Police. In other words, in view of the evidence available on record, we find that a reasonable doubt arises as regards the involvement of the accused persons in committing an offence punishable under Section 302/34 IPC. Therefore, it cannot be said that the prosecution had succeeded in proving the charge brought against the appellants beyond reasonable doubt. 30. In other words, in view of the evidence available on record, we find that a reasonable doubt arises as regards the involvement of the accused persons in committing an offence punishable under Section 302/34 IPC. Therefore, it cannot be said that the prosecution had succeeded in proving the charge brought against the appellants beyond reasonable doubt. 30. There is another aspect of the matter which deserves mention herein. As noted above, the materials available on record, primafacie, indicates that both the accused were juvenile on the date of occurrence. However, in view of the observations made herein above and the recourse we propose to adopt in this appeal, it would not be necessary to examine the question of juvenility of the appellants. 31. For the reasons stated herein above, we hold that the prosecution has failed to prove the charge brought against the appellants beyond reasonable doubt. On the contrary, there is sufficient doubt as regards the nature of involvement of the appellants / accused persons in the incident. Therefore, giving the benefit of doubt to the appellants, we set aside their conviction and direct that the appellants, viz. Sri Pradip Hasda and Sri Raju Murmu, who are stated to be in custody, be forthwith released unless their detention is required in connection with any other case. 32. Consequently, the appeal stands allowed. Registry to send back the LCR. Before parting with the case record, we wish to put our appreciation on record as regards the valuable assistance rendered by Mr. Mrinmoy Dutta (2), learned Amicus Curiae and recommend that just remuneration, as per the notified rate, be paid to him.