ORDER : 1. The present appeal has been filed by the State who is aggrieved by the Judgment and Order dated 19.11.2016 passed by the Court of learned Principal Sessions Judge, Shopian in FIR No. 399/2010 registered at Police Station for the commission of offences under Sections 302, 120B, and 201 of the RPC. The learned Trial Court by an extremely elaborate Judgement running into 215 pages has acquitted the respondents herein in a case entirely pivoted on circumstantial evidences. There are no eye witnesses in this case neither are there any witnesses to last seen together. 2. The case of the prosecution is that the deceased Rashid Ali Ganie, who is an employee in the Department of Sericulture, left for his duties at the Sericulture Nursery at Padpawan on 15.09.2010. As he did not return home for two days, his brother namely Shiraz Ahmad Ganie, gave a missing report on 17.09.2010 at Police Post Heerpora, with a written application stating that his brother had gone for his work on 15.09.2010, and thereafter he has not returned home and could not be traced even after a thorough search. On receipt of the application, a missing report was entered in Roznamcha as report no. 5 of 17.09.2010. Regular searches are stated to have been effected and the Police Stations of the Valley were signalled through wireless. However, on 18.09.2010, during search, the dead body of missing Rashid Ali Ganie was found in Ramibiara Nallah near Padpawan. Marks of violence were found on the dead body. It was apprehended that the deceased was killed by some persons with criminal intentions and an FIR was filed against unknown persons. 3. The FSL team from Pulwama inspected the place of recovery of the dead body who after the inspection of the place of recovery recovered two playing cards, blood stained stone weighing 6 Kg and 550 grams on which human hair were attached there was also a blood stained stone weighing 2 Kg 200 grams and blood stained sand weighing half kilo. Three number of prescription chits of Ghulam Rasool of Padpawan were also recovered. During search witnesses 9-12, 16 & 20 were interrogated. Their statements were recorded and from their statements and the recovery of prescription chits, the family of Ghulam Rasool Thoker, came under suspicion and search for Ghulam Rasool Thoker and his sons were initiated. Three number of prescription chits of Ghulam Rasool of Padpawan were also recovered. During search witnesses 9-12, 16 & 20 were interrogated. Their statements were recorded and from their statements and the recovery of prescription chits, the family of Ghulam Rasool Thoker, came under suspicion and search for Ghulam Rasool Thoker and his sons were initiated. It is further alleged that they were absconding but thereafter accused no. 1 therein was arrested on 23.09.2010 and was interrogated. During interrogation the accused no. 1 made a disclosure statement in the presence of the witnesses that he along with is brother and father who are accused no. 2 & 3, hatched a criminal conspiracy and called Rashid Ali Ganie to their house on phone and after they served him tea, they began to play cards with him and in the process, hit him by striking a stone on his head. It is further stated that the dead body was kept concealed under bed till 17.09.2010, and in the late hours of that day the body was disposed of in the Rambi Ara Nallah with the help of accused no. 2 & 3. It is futher stated that the blood stained playing cards were concealed under the sand in Rambi Ara. The Scissors used in amputating the penis of the deceased was cleaned and kept in his room and the mobile phone of the deceased was kept in a mattress under the roof of the house of his brother. 4. From the statement of PW-13, 23-26 it appeared that deceased had lend some amount to Ghulam Rasool Thoker which he did not want to return and besides that accused no. 1 wanted to marry his cousin sister and he suspected that she has developed relations with the deceased and with these motives called the deceased to their house and killed him. 5. The witnesses who were examined in this case have lastly stated that they did not initially suspect the respondents herein as having committed the offence but on account of police having arrested them, they were of the opinion that the accused had committed the murder of the deceased. 6. Learned counsel for the State has forcefully argued that the learned trial court has glossed over the entire chain of circumstances and has bent over backwards in giving benefit of doubt to the accused persons. 6. Learned counsel for the State has forcefully argued that the learned trial court has glossed over the entire chain of circumstances and has bent over backwards in giving benefit of doubt to the accused persons. He has further stated that the motive was established by the prosecution as PW 13 & 14 have stated in their testimony before the trial court that on 15.09.2010, they had seen the deceased going towards the house of the accused person. They have also stated in their testimonies that the deceased told these witnesses that had had been called by the accused no. 1 to whom the deceased had lent the money amounting to almost a lakh of rupees. This, the learned counsel for the State submits was one of the motives for committing the murder as the accused who had received the loan from the deceased did not want to return the same. 7. Learned counsel for the State also submits that the second motive for carrying out the murder was that the accused no. 1 wanted to marry his cousin sister who has been examined in this case as PW-27 (we are not disclosing her name in order to protect her privacy on account of the nature of the allegation.) Accused no. 1, suspected PW-27 to be in relationship with deceased. Learned counsel for the UT further states that it was this suspicion relating to the possible relationship between PW-27 and the deceased that led to the murder by the respondents herein. In order to buttress his argument, learned counsel for the State has submitted that the act of dismembering the deceased after committing the murder are done in cases where the motive is sexual jealously, which the learned counsel for the State attributes to the accused no. 1 in this case. 8. Learned counsel for the State has also referred to the nature of violence that was perpetuated on the deceased by referring to the post mortem report which reflects multiple injuries to the body and also fracture on the skull with brain matter having come out which the doctor observes was in partially liquefied state. He further refers to the maceration of the skin of the chest area of the deceased which according to the learned counsel for the UT of J&K reflects the degree of violence that the deceased was subjected to by the accused persons. He further refers to the maceration of the skin of the chest area of the deceased which according to the learned counsel for the UT of J&K reflects the degree of violence that the deceased was subjected to by the accused persons. Thus, learned counsel for the appellant submits that the motive having been proved and the same being sufficiently corroborated by the post mortem report and the articles that were seized from the accused persons, and, therefore, the prosecution had been able to prove the case against the accused persons beyond reasonable doubt with the chain of circumstances being contiguous and unbroken. 9. Learned counsel appearing for the respondents on the other hand submitted that the order passed by the court below is extremely elaborate having examined threadbare every piece of evidence produced by the prosecution and that the same calls for no interference by this court. To support his submissions, learned counsel for the respondents has submitted that this is a case of no evidence at all. He further states that the motive in this case has not been proved beyond reasonable doubt. Countering the arguments put forth by the learned counsel for the Union Territory of J&K, the learned counsel for the respondents submits that the factum of loan allegedly having been given by the deceased to accused no. 1 as reflected by the statements of PW 13 & 14, does not raise a suspicion that the same constituted motive enough for accused no. 1, in conspiracy the others to commit the murder. He further submits that no witness has ever said that there was any kind of bad blood existing between the deceased and Accused no. 1 who had allegedly received the money from the deceased or that there were altercations witnessed by any of the witnesses where the deceased had ever asked the accused persons to return the money and they having refused to do so. In other words, learned counsel for the respondents submits that even if the version given by PW 13 & 14 is stated to be correct, merely receiving the amount from the deceased cannot be considered as the motive for the murder. 10. As regards the second motive that is the desire of the accused no. In other words, learned counsel for the respondents submits that even if the version given by PW 13 & 14 is stated to be correct, merely receiving the amount from the deceased cannot be considered as the motive for the murder. 10. As regards the second motive that is the desire of the accused no. 1 to marry PW-27 and as the suspicion that PW 27 was in an illicit relationship with the deceased, learned counsel for the respondents has read out from the statement of PW-27 which has been reproduced by the learned trial court on page 65 of the judgment. PW-27 says that Muzaffar Thoker was Accused no. 1 in the case wanted to marry her but she had always looked upon accused no. 1 as a brother and therefore, was not amenable to marry accused no. 1. On cross examination, the witness says that she never told the police that the deceased and she were in a relationship. Thus, the learned counsel for the respondent submits that the statement of PW-27 clearly reflects that there was no relationship between her and the deceased and therefore, there was no reason for accused no. 1 to suspect such an illicit relationship between the two. 11. Referring to the post mortem report, learned counsel for the respondents submits that the doctor has observed that rigour mortis was present in the body. In this regard, it would be appropriate to state here that the learned counsel for the UT have also submitted that the winter months had settled in the Valley because of which putrefaction of the body had been consistently slowed down considerably. In this regard, we find that if the deceased was killed on 15.09.2010, atleast the rigor motifs would have passed away and the initial signs of putrefaction would have settled in the body. In the month of September, even in the Valley the temperature does not touch sub-zero conditions that the body may continue to be well preserved even after three days after death. 12. Learned counsel for the respondents also submits that but for having seen the deceased going towards the house of the accused persons on 15.09.2010, there is no recovery of any blood stains from the alleged scene of the crime which is the house of the accused persons. 12. Learned counsel for the respondents also submits that but for having seen the deceased going towards the house of the accused persons on 15.09.2010, there is no recovery of any blood stains from the alleged scene of the crime which is the house of the accused persons. He further submits that the scissors that was used allegedly for dismembering the deceased after committing the murder and which was seized by the police and given to the FSL for lifting of fingerprints has returned a negative result with the FSL expert disclosing in a statement before the trial court that no fingerprints were available on the said scissors. 13. Lastly the learned counsel for the respondent submits that there is a distinction between the last seen and last seen together. In this case, even if the entire case of the prosecution is taken to be correct, the evidence is only of the having last seen the deceased going towards the house of the accused persons on 15.09.2010. There is no evidence of having last seen the deceased in the company of the respondents/accused persons, therefore, the fact that the body was recovered three days after witnesses having last seen the deceased heading towards the house of the accused persons, the time period is too large for the court to arrive at the finding that during the period nobody else intervened or could have caused the death of the deceased. 14. Under the circumstances, we find that there is no reason to interfere with the well reasoned Judgment passed by the trial court, therefore, the appeal is accordingly dismissed.