Punjab-Haryana High Court
Ramphal And Ors. vs State Of Haryana on 27 November, 1992
Equivalent citations: 1993CRILJ2188
JUDGMENT R.K. Nehru, J.
1. This appeal has been directed against the judgment of conviction and order of sentence dated 15-11-1990 passed by the learned Additional Sessions Judge, Narnaul, whereby Ram Phal, Ram Kishan and Rajbir accused-appellants were convicted under Section 302 read with Section 34, IPC for intentionally causing the death of Amrit Singh and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 3,000/- each or in default thereof, to further undergo rigorous imprisonment for one year. They were further convicted under Section 323 read with Section 34, IPC for voluntarily causing hurt with blunt weapon to Nafe Singh and sentenced to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 500/- each or in default thereof, to further undergo rigorous imprisonment for two months. However, all the substantive sentences of rigorous imprisonment were ordered to run concurrently. The complainant has also filed Criminal Revision No. 42 of 1991 seeking enhancement of sentences awarded to the accused. Both these matters are being disposed of by this single judgment.
2. Brief facts of the prosecution case are that on 22-3-1989, in the abadi of village Rohdai, at about 11.30 a.m., the villagers including Rajbir, Ram Kishan and Smt. Sumitra were celebrating Phag. During that play of Phag, Smt. Sumitra hit Ram Kishan with a danda. He felt annoyed on the ground that instead of danda, a Korda (cloth whip) should have been used for playing phag. In order to show his resentment, he disassociated himself from the said celebration and started returning to his house. Amrit Singh and Nafe Singh tried to pacify Ram Kishan saying that Smt. Sumitra would be supplied with a Korda and that he should not feel annoyed on the occasion of Phag but Ram Kishan was not satisfied and started abusing them. The villagers intervened and separated the parties. After sometime, when Amrit Singh and Nafe Singh PW were enjoying Hukka while sitting in front of the house of Amrit Singh, Ram Kishan armed with a jaili accompanied by Ram Phal who was armed with a kassi and Rajbir came there. Ram Phal gave a kasia blow from its reverse side on the head of Amrit Singh. The jaili blow dealt by Ram Kishan on the person of Nafe Singh PW was warded off by him with his right hand. Rajbir accused picked up a brick-bat from his roof and hit Nafe Singh PW on his head with it. When the injured persons raised alarm, Nawal Singh and Kapur Singh intervened. Amrit Singh and Nafe Singh PW went to Civil Hospital, Rewari, in an injured condition.
3. Dr. B. K. Sharma PW 2 medico-legally examined Amrit Singh at 12.50 p.m. on 22-3-1989 in Civil Hospital, Rewari and found a scalp deep wound of 3" x 1/5" with lacerated margins on parietal area to midline transversely. Pressure bandage was applied by some R.M.P. as first-aid. No other visible injury could be seen. X-ray was advised.
4. The said doctor had also medico-legally examined Nafe Singh and found a scalp deep forked (Y shape) wound with lacerated margins on forehead just in the middle, upward 1.5" x 0.2" with one limb of 3/4" size and bleeding was present. An abrasion of 1" x 3/4" size and on right forearm at distal 1/4 and proximal 3/4 junction at about 4" proximal to wrist joint on pronator surface was also found by him. The doctor sent ruqa Ex. PF to Police Station, Rewari regarding the admission of the above said two injured persons. The said ruqa was received by Head Constable Karan Singh, PW 18, in Police post Jatusana. He rushed to Hospital, Rewari, moved application Ex. PG, seeking medical opinion if the injured were fit to make statement but the doctor opined that neither of the two injured was fit to make a statement at 1.40 p.m. on 22-3-1989. However, on another police application Ex. PH, he opined vide his endorsement Ex. PH/1 that Nafe Singh PW was fit to make statement whereas Amrit Singh was unfit to do so. ASI Umed Singh PW 20 on receipt of VT message in Police Station, Jatusana, reached Police Station, City Rewari and after collecting ruqa Ex. PF and application Ex. PG, from HC Karan Singh PW 18, went to General Hospital, Rewari and recorded statement Ex. PT of Nafe Singh PW. He made his endorsement Ex. PT/2 thereupon and sent it to the police station for the registration of a case. On the basis of said ruqa, formal FIR Ex. PT/1 was recorded by SI Pohop Singh PW 19. In the hospital, Nawal Singh PW produced blood stained clothes of Nafe Singh PW before him. He took them into his possession after turning them into a parcel vide recovery memo Ex. PU. He recorded the statement of PWs Nawal Singh and Kapur Singh, eye-witnesses. After joining Kapur Singh with him, he went to the spot, inspected the same, lifted blood stained earth and two pieces of brickbats. Ex. P13 and Ex. P14, from the spot vide recovery memo Ex. PO. He recorded the statements of Smt. Sumitra, Mangtu and Mahabir Singh PWs. Ram Phal and Ram Kishan accused were arrested by him on 23-3-1989 whereas Rajbir accused was arrested on 24-3-1989.
5. On 25-3-1989, in the presence of Hoshiar Singh and Mahabir Singh PWs, SI Pohop Singh interrogated Ram Phal and Ram Kishan accused. Ram Phal accused made disclosure statement Ex. PW and in pursuance whereof he got recovered kasia Ex. P1 vide recovery memo Ex. PW/1. Similarly, Ram Kishan accused in pursuance of his disclosure statement Ex. PK got recovered jaili Ex. P5 vide recovery memo Ex PK/1. Ram Kishan accused was medico-legally examined by Dr. Dharam Singh Yadav PW 3 on 22-3-1989 at 8.30 p.m. A lacerated wound 2.0 x 0.5 cm. and 0.5 cm. deep just above the right eyebrow; a circular wound 0.5 cm. in diameter and 0.5 cm. deep on the thigh; an abrasion 0.5 x 0.3 cm. on the left thumb and a contusion on the back of the size, 3 x 0.5 cm. were found by the doctor.
6. Amrit Singh was removed to Safdarjang Hospital, New Delhi where he was medico-legally examined at 6.50 p.m. on 22-3-1989. On radiological examination of his injuries, fracture line in left fronto-parietal and temporo-parietal region was found.
7. Earlier on receipt of DDR Ex. PL, ASI Rajinder Singh PW 6 of Police Station, Viney Nagar, New Delhi had gone to Safdarjang Hospital, New Delhi. He moved application Ex. PM and sought medical opinion as to whether Amrit Singh was fit to make a statement. Vide endorsement Ex. PM/1, the dector had opined that he was not fit to do so at 7.00 p.m. on 22-3-1989. On receipt of DDR Ex. PN, regarding the death of Amrit Singh, he preserved the dead body and handed over the papers to A.S.I. Satbir Singh PW 7 on the following day. The inquest report Ex. PC was prepared by A.S.I. Satbir Singh A W 7 on 23-3-1989. He caused the dead body to be sent for post-mortem examination along with application Ex. PB for the purpose. The postmortem examination on the dead body of Amrit Singh was conducted by Dr. A. K. Sharma PW 1 at 2.30 p.m. on 23-3-1989. He found the following injuries on the dead body : --
External injuries : --
1. "A stitched wound of length 9 cms with six stitches placed obliquely on left parietal region. Its posterior end being in the midline and anterior end being 4 cms. left lateral to midline and 13 cm. above the middle of left eyebrow and it was also 13 cms. above the tip of the pinna of left ear. On opening the stitches, margins were found contused and not smooth, inner margin was bevelled and outer margin was undermined. It was bone deep and it width was 0.5 cm.
2. An abrasion 3 x 1 cm. present over lower back of right side neck, placed 11 cm. below and posterior to the right ear lobule.
3. An abrasion 1.5 x 0.5 cm. present over upper back of right side shoulder.
Internal injuries : --
1. Scalp : Effusion of blood present in the left half of the scalp.
Skull-Depressed. Comminuted fracture of size 12 x 6 cms. present in left temporo-parietal region. Extra dural haematoma of thinkness 2 cm. present all over underneath the depressed fracture site. Vertical tear present underneath the dura mater of the brain below the extra durtal haematoma. Thick subdural 0.5 cm and patehy sub-arachoid haemorrhage present all over the both cerebial hemispheres. Contusion laceration of size 4 x 1.5 x 1 cm. present on the outer aspect of left temporal lobe." Brain -- cedematous, weight 1400 grams. Neck and chest: Neck structures were intact. Ribs were fractured from 3 to 5 on the left side of the chest in the anterior axillary line. Rest-NAD Abdomen/Pelvis-NAD." The doctor gave the following opinion :--
(i) That the death in this case was due to cranio-cerebral damage consequent upon being hit on the head by a heavy semi sharp cutting weapon;
(ii) That injury No. 1 was sufficient to cause death in the ordinary course of nature;
(iii) That all injuries were ante-mortem in nature;
(iv) That head injury was possible by Kasia Ex. P.1;
(v) That injury No. 2 on the neck was not possible by prongs of jaili Ex. P. 5;
(vi) That this injury was not possible even if jaili was used lathi-wise and any portion thereof hits the neck; and
(vii) That this injury was due to the falling on a rough surface.
8. After completion of the investigation, all the three accused were sent up for trial for the murder of Amrit Singh and causing volutarily hurt to Nafe Singh PW.
9. Before the trial Court, in order to prove its case, the prosecution examined twenty witnesses including Nafe Singh, Nawal Singh and Smt. Sumitra as eye-witnesses.
10. When examined under Section 313 Cr.P.C. accused Ram Kishan came forth with the following version : --
True facts are that on 22-3-1989 on Holi festival, I was having a tanki (Kadahi) filled with water in village chowk for playing Holi. Amrit son of Ram Singh threw the water from the tanki (Kadahi) on the ground. I again got filled the water in the tanki. Amrit abused me. I asked him not to abuse me. I also abused him. Rajinder nephew of Amrit was also there. He was having a lathi. Amrit snatched that lathi from him and gave me a lathi blow. Sumitra, Nafe, Kapur, Ramphal, Nawal and Rajbir were not present there in the chowk. I came to my house. After some time, Ram Phal was coming to our house. He was surrounded by Amrit and Karan Singh sons of Ram Singh and Rajinder son of Karan Singh and tried to assault him. Ram Phal raised noise. I came to his rescue from my house. Rajinder then gave me a Jaili blow and then they wanted to further assault me. I in my self defence picked up a piece of stone from the ground and threw towards him which by chance hit Amrit. Nafe, Kapur, Nawal and Rajbir were not even present there. The complainant party concocted this false story and falsely involved us in this case. I had reported this matter to the police. I was also medico legally examined but the police under the influence and pressure of the complainant party did not take any action on my report. It is a false case. Nafe might have received injuries somewhere else while playing Holi and not in this occurrence. I did not mention the name of Nawal in my police report. My sister Bimla had also come on hearing the noise and from her house, she saw the occurrence.
11. Ram Phal accused adopted the above said version given by his co-accused. Rajbir accused pleaded false implication due to his relationship with his co-accused Ram Phal and Ram Kishan and that he was not present at the time of occurrence.
12. The accused-appellants examined Rajinder Singh DW 1 and Jagat Singh DW 2 in their defence.
13. The trial Court believing the ocular evidence of Nafe Singh PW 12, Nawal Singh PW 3 and Smt. Sumitra PW 14, eye-witnesses, coupled with the medical evidence convicted and sentenced the appellants as referred to above.
14. We have heard the learned Counsel for the parties besides perusing the record.
15. Admittedly, accused Ram Phal and Ram Kishan are real brothers whereas Rajbir accused is their close relative. On the other hand, Amrit Singh is the son of the uncle of the Nafe Singh and Karan Singh is the real brother of Amrit Singh. Nawal Singh and Kapur Singh are cousins of Amrit Singh. The occurrence had taken place on the auspicious day of Holi. It is admitted on both ends that the occurrence had taken place during Holi celebrations. Neither any motive for the accused to have committed the crime has been pleaded on behalf of the prosecution nor the accused have alleged any motive on the part of the PWs to have implicated them falsely.
16. There is considerable force in the contention of the learned Counsel for the appellants that it was a case of sudden flare up and the prosecution has given it a shape of pre-meditated assault; that delay in lodging the FIR has not been explained, much less, satisfactorily; that witnesses have made material improvements at the trial; that medical evidence contradicts the ocular account given by the eye-witnesses; that injuries on the persons of the accused have not been explained and that defence version was more probable than that of the prosecution.
17. The occurrence in this case had taken place at about 11.30 a.m./12.00 noon on 22-3-1989 in the abadi of village Rohdai. Police Station, Jatusana is at a distance of 9 Kms. from village Rohdai whereas Rewari is at a distance of 25/30 Kms. from Police Station, Jatusana. It has come in the testimony of Dr. B. K. Sharma PW 2 that he had medico-legally examined Amrit Singh in Civil Hospital, Rewari at 12.50 p.m. on 22-3-1989. From the perusal of MLR Ex. PD of Amrit Singh and MLR Ex. PE of Nafe Singh PW, it is evident that they had reached the hospital at Rewari at 12-50 p.m. The doctor had sent ruqa Ex. PF at 12.50 p.m. It was received at 1.20 p.m. by Head Constable Karan Singh PW 18 on the same day. He reached the hospital moved application Ex. PG and obtained medical endorsement Ex. PG/1 that both the patients were unfit to make statement at 1.40 p.m. on 22-3-1989. On another application Ex. PH, vide endorsement Ex. PH/1 the doctor had opined that Amrit Singh was unfit to make a statement and Nafe Singh PW 12 was fit to make a statement. A.S. I. Umed Singh PW 20, the Investigating Officer of this case, had testified that he had reached the hospital at 4 p.m. and started the case diary at the same time and had also recorded the statement of Nafe Singh PW 12 Ex. PT at 4 p.m.
18. The abovesaid evidence does not inspire confidence. It is not believable that the injured witnesses would reach Civil Hospital, Rewari within a matter of 50 minutes after covering a distance of 30 Kms. and the doctor would examine them immediately at 12.50 p.m. on their arrival. Two MLRs were also prepared at 12.50 p.m. and ruqa Ex.PT was also sent at the same time by one and the same doctor. This circumstance cast a cloud of doubt around the prosecution version. Again, ASI Umed Singh PW20, in his cross-examination has admitted that he reached Civil Hospital, Rewari at 4 p.m. If that was so, it is not believable that he would complete the statement Ex.PT of Nafe Singh PW12 and made his endorsement Ex.PT/2 thereupon at that very hour i.e. 4.00 p.m. A crude attempt has been made by ASI Umed Singh PW20 by saying in his cross-examination that he had reached the hospital at 3.30 p.m. and had recorded the statement of Nafe Singh PW12 at 4.00 p.m. All these things riddle the prosecution case with thick cloud of doubt.
19. The eye-witnesses have made material improvements at the trial. In the FIR Ex.PT/1, it is mentioned that Ram Kishan, Rajbir and Smt. Sumitra, besides other villagers, were playing Phag with each other. While playing Phag, Smt. Sumitra had hit Ram Kishan, accused, with a danda on which he felt annoyed on the ground that she should have used a korda and showing his resentment, he went back to his house; Amrit Singh tried to pacify Ram Kishan accused but he did not agree and instead started abusing them and the villagers intervened and separated them. But Nafe Singh PW12 has stated that Ram Kishan, Rajbir accused and Smt. Sumitra were playing Phag. Ram Kishan and Rajbir accused were throwing water on Smt. Sumitra. During this play, she had hit Ram Kishan accused on the right side of his forehead. Ram Kishan accused was carrying a bucket. He received injury on the thumb of his right hand. Ram Kishan accused then threw water on the face and eyes of Smt. Sumitra. Amrit Singh (since deceased) then with folded hands requested Ram Kishan accused to go back to his house. Amrit Singh then gave korda to Smt. Sumitra.
20. Secondly, in the FIR, it is mentioned that Ram Phal accused armed with a kasia and Ram Kishan accused with a jaili, came there and Ram Phal dealt a kasia blow from its reverse side on the head of Amrit Singh whereas Ram Kishan accused dealt a jaili blow on the person of Nafe Singh PW12 which landed on his right hand. Thereafter, Rajbir accused picked up a brick from the roof and threw it on Nafe Singh PW12 hitting his head. But at the trial, Nafe Singh PW12 had stated that Ram Phal accused was having a kasia in his hand; Ram Kishan accused was having a jaili and Rajbir went on the roof of Balbir's house. Ram Phal gave a blow with kasia from its reverse side on the head of Amrit Singh. Ram Kishan accused gave a jaili blow at the back of Amrit Singh. When Ram Kishan tried to give second blow with his jaili on Amrit Singh, Nafe Singh intervened physically and sustained a jaili blow on his right hand. Rajbir accused threw a brick-bat from the roof where he had earlier gone and which fell on the right shoulders of Amrit Singh and he received injuries. Rajbir also threw another brick-bat hitting Nafe Singh PW12 on his head whereupon he had fallen down.
21. Thirdly, in the FIR, it is mentioned that on the PWs having raised alarm, Nawal Singh and Kapur Singh had separated them but at the trial Nafe Singh had firstly stated that the villagers including Smt. Sumitra had separated them but in his next breath, he stated that Nawal Singh and Kapur Singh had separated them. In his examination-in-chief, Nafe Singh PW12 had stated that after the occurrence, he and Amrit Singh had gone to Civil Hospital, Rewari where they were medico-legally examined. But when cross-examined, in order to cover up the medical endorsement Ex.PG/1, he stated that he had become unconscious with the blow of brick which had hit on his head and that he had come to consciousness at Rewari but he did not know the time. Nawal Singh PW13 and Kapur Singh PW6 are stated to have accompanied the injured to Civil Hospital, Rewari. None of them had stated that Nafe Singh PW12 was taken to the hospital at Rewari in an unconscious condition. These PWs have also made material improvements at the trial. When confronted with his statement under Section 161, Cr.P.C. Ex.LC, it was found that Nawal Singh PW13 had made the following additions and alterations at the trial :--
(i) That Ram Kishan accused was having a balti filled with water in his hand;
(ii) That Ram Kishan accused had received injuries on his hand due to the balti, which he was carrying;
(iii) That Ram Phal accused was having a kasia in his hand;
(iv) That Rajbir accused was present at the spot;
(v) That Amrit Singh had received injuries with sharp- edged weapon whereas at the trial, he stated that Ram Phal accused gave a kasia blow from its reverse side to Amrit Singh and Ram Kishan accused gave a jaili blow on the back side of the neck of Amrit Singh;
(vi) That the factum of Rajbir accused having gone to the roof of the house of Manphool has been mentioned by him before the Court for the first time; and
(vii) That in his statement Ex.DB, he did not mention that Ram Phal had given kasia blow from its reverse side to Amrit Singh.
22. Fourthly, Kapur Singh PW16 when cross-examined had stated that they had started from Rewari at 5.30 p.m. and reached Delhi at about 7.00 p.m. in Safdarjang Hospital, New Delhi. The police had met them in casualty ward but his statement was not recorded. They stayed there till the dead body was brought out. But then, he was hastened to state that after getting Amrit Singh admitted in the hospital, he had gone to his village and did not report the matter to the police and that even prior thereto none was sent to lodge the report with the police. He has further stated that his statement was recorded by the police at 3.30 p.m. Rewari hospital. This part of his testimony stands contradicted by Assistant Sub-Inspector Umed Singh PW20 who stated that first of all he had recorded the statement of Nafe Singh PW12 at 4.00 p.m. He has also made material improvements at the trial by saying that Ram Kishan carried a balti; that he had raised his hand with balti and with that balti he got injuries on his right hand; that all the three accused had come together at the place where Amrit Singh and Nafe Singh PWs were sitting; that Rajbir accused had gone on the roof of the house of Manphool and that Rajbir accused had thrown a brick which had hit Amrit Singh.
23. On surgical examination of the ocular account given by the witnesses, together with the medical evidence, it is found :--
(i) That as per ocular account given by witnesses, Ram Kishan accused had given a jaili blow at the back of the neck of Amrit Singh. But injury No. 2 is an abrasion 3 x 1 cm on the lower back of the right side of the neck of the dead body of Amrit Singh.
24. The Autopsy Surgeon Dr. A. K. Sharma PW1 has opined that this injury was not possible by prongs of jaili Ex.P5. He has further stated that this injury was not possible even if jaili is used lathi-wise and any portion thereof hits the neck.
(ii) At the trial, the eye-witnesses have stated that Rajbir accused had thrown brick-bat from the roof which had hit the right shoulder of Amrit Singh. Injury No. 3, an abrasion 1.5 x 0.5 cm on upper back of right side shoulder of Amrit Singh was noticed by the Autopsy Surgeon. But he has opined that this injury was possible on account of a fall on a rough surface.
(iii) With regard to injury No. 1, on the head of Amrit Singh, questions were put to the doctor and he has answered as under : --
Q. For ascertaining whether the weapon used was sharp or blunt, the doctor has to see (i) whether hair bulbs were cut, crushed or depressed; (ii) whether there is a cut in the bone or depressed; (iii) whether the edges are smooth, clean cut or lacerated and if there is laceration, depression, and no cut, the weapon would be opined to be blunt. Do you agree?
Ans. "I agree.
I had found in this case that the margins were contused and not smooth, as mentioned in my report Ex.PA. I have also mentioned that inner margins of the wound were bevelled and outer margins were undermined. It is correct that I found depression in the head and laceration in the brain. With this data, I can say that this injury may be also by blunt weapon like lathi, a stone piece or a brickbat. I had read the inquest papers and I was told that the deceased was given injury by sharp edged weapon. I had read from inquest papers also that injury was alleged to be by a sharp edged weapon. This was not the reason for my giving opinion that the injury was caused by a sharp edged weapon as mentioned in report Ex.PA. While stitching a wound, the doctor has to make the margins regular by doing the debritment, if needed. I removed the stitches first and saw the size of the wound besides the thickness of it and I opined the injury on the basis of the margins being bevelled and undermined. It can be due to surgical intervention. If it would have been a sharp weapon, it could be either cut fracture or even depressed fracture but there should be some signs for cut fracture also.
Q. Seeing that there was no cut, fracture or hair bulb cut or any other cut, it was a case more in favour of blunt weapon. Do you agree?
Ans. It goes more in favour of blunt.
25. In view of the above examination of the evidence, it can unhesitatingly be held that the medical evidence does not support the ocular account given by the eyewitnesses.
26. Fifthly, Dr. Dharam Singh Yadav PW3 had found one laceration and two abrasions and one contusion injury on the person of Ram Kishan accused. But the eye-witnesses have stated that Smt. Sumitra had hit the right side of the forehead of Ram Kishan accused with a danda. The eye-witnesses have stated that Ram Kishan accused was carrying a balti and he got injury on the thumb of his right hand. But on such injury was found on the thumb of his right hand.
27. The non-explanation of the injuries on the person of injured renders the prosecution version doubtful. Nafe Singh PW12 has punched the last nale in the coffin of prosecution version by saying in his cross-examination : --
(i) That Ram Phal accused gave kasia blow at 9.30 a.m. (whereas the occurrence took place at 11.30 a.m.);
(ii) That Ram Kishan accused had dealt a jaili blow from the portion thereof where two prones meet with lathi portion, on the person of Amrit Singh;
(iii) That he did not notice as to which portion of the kasia was used by Ram Phal accused while giving blow to Amrit Singh.
28. Sixthly, non-mentioning of the names of the accused on recovery memos Ex.PU, Ex.PO and Ex.PZ/3 further shows that the investigation is not fair.
29. Seventhly, the recovery of kasia and jaili, so called weapons of offence are also doubtful, firstly, because had the accused used these weapons in the commission of the offence, they must have destroyed them, these being of no value. They would not have kept them as their prize possession. Moreover, human blood could not be detected on kasia when examined by the Serologist. The jaili was also not found to be blood-stained.
30. Eighthly, it is also evident from the record that Ram Kishan accused had gone to Police Station, Jatusana at 8.00 p.m. on 22-3-1989 and got report No. 18 recorded thereby narrating his version with regard to the occurrence. From his statement, it was found that no cognizable offence had been committed.
31. Ninthly, Nafe Singh PW12 has also admitted that Ram Kishan accused was having a karahi filled with water on Holi festival; Amrit Singh threw karahi water on the ground, and that Ram Kishan accused again filled it with the water. It is also true that in this part of the country (Haryana), women-folk hit men-folk with cloth-whip while they play Holi with each other. Here in this case, it seems that while the villagers, including members of both the parties, were playing Holi, Smt. Sumitra had hit Ram Kishan accused with a danda which annoyed him and as a result thereof the matter flared up all of a sudden and the PWs had caused injuries to Ram Kishan whereas the accused had caused injuries to the members of the complainant party.
32. In view of the above discussion, the only conclusion which can be arrived at is that it is not decipherable as to who caused injuries to whom. Under these circumstances, we are of the considered opinion that the prosecution has failed to prove the charges against the accused beyond reasonable doubt. Consequently, the order of conviction and sentence of the trial Court, being not sustainable, is hereby set aside by accepting the appeal and acquitting the appellants of the above referred charges. They be set at liberty forthwith, if not required in any other case.
33. Resultantly, the Criminal Appeal No. 384-DB of 1990 is accepted by the Criminal Revision No. 42 of 1991 is dismissed.