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V.S. SIRPURKAR, J.

1. Superstition plays a very important role in the Indian society. It is not restricted to any particular religion or a particular section of society including the haves and the have-nots. The present case is one such dreadful and hair-raising example wherein two innocent boys lost their lives while the third barely escaped death. Very unfortunately, in all this, the father and the paternal aunt of the unfortunate boys were involved while their own mother had to remain as a powerless and mute spectator to this gruesome act of cruelty.

2. The sordid saga of un-paralleled cruelty as a result of superstitions took place in the area called Canal Colony situated at Kasba Koraon, P.S. Koraon, District Allahabad where accused No.1 was working as an Amin in Irrigation Department, accused No. 2, Shakila Bano, wife of Siraj Khan, is his daughter, accused No.3 Shahrunnisa is the wife of accused No.1, while accused No.4, Siraj Khan is the husband of accused No.2. The unfortunate deceased who lost their lives were Shamshad Ali, Naushad Ali while Shaukat Ali barely escaped. All the three boys were born to Saharunnisa and Abdul Hafeez Khan and belonged to the tender age of 7 years, 4 years and 3 years, respectively.

10. The question, therefore, is as to whether by their mere presence these two respondents could be attributed with the common intention. The answer is clearly in the negative. There can be no dispute that the spectre of superstition had affected the psyche of all these accused persons. The case of the Shahrunnisa (A-3) is one of a Mohammedan lady whose husband and daughter were overpowered by the superstitious belief. The force of the superstition was so overpowering that A-1 and A-2 probably were convinced of the non-existent supernatural powers of A-2. A poor Mohammedan lady coming from the humble background, whose husband and whose daughter claimed these powers could not have ordinarily opposed which was being done and, therefore, had to see with open eyes the death of her two sons. We do not think that her not opposing the gruesome acts speaks in favour of her nurturing the common intention. The High Court was undoubtedly right that she could be afraid of A-1 and A-2 has she herself might be under the superstitious psyche.

12. We are dealing with an appeal against acquittal where the law so far crystallized desists us from fact finding exercise. Though, the whole evidence is open for us to appreciate the finding of acquittal that too by the High Court has to be given its own weight. We have, therefore, gone through the evidence ourselves only to find that the evidence against the two respondents is not clinching enough and it cannot be said that the finding of the High Court is perverse or such as cannot be reached after reasonable and careful survey of the evidence. A suspicion by itself cannot take place of the proof muchless in an appeal against acquittal. The law requires hard facts duly proved by admissible and truthful evidence. In a case where the High Court has recorded the finding of acquittal giving benefit of doubt, unless such a finding was an impossible one, the interference at this stage is not feasible. We, therefore, would agree with the High Court, though with a heavy heart. In the whole process the two innocent boys even before they could bloom and become good citizens of this country had to lose their lives. Thanks to the lack of education coupled with superstition probably actuated with the human avarice and greed. The appeal has no merits and it is dismissed.