28. In Swamy Shraddananda vs. State of Karnataka, (2008)
13 SCC 767 : (AIR 2008 SC 3040), even while setting aside the
sentence of death penalty and awarding life imprisonment in order
to serve the ends of justice, the Court ordered that the appellant
should not be released from the prison till the end of his life.
[15.2] Applying law laid down by the Hon'ble Supreme Court in
the aforesaid decision to the facts of the case on hand, we are of the
opinion that the learned trial Court has materially erred in convicting
the original accused for the offences punishable under Section 202 r/w
Section 34 of the IPC as the prosecution has failed to prove beyond
doubt the guilt of the accused. Under the circumstances even by giving
benefit of doubt as it is the case of circumstantial evidence and the
prosecution has failed to complete the chain of circumstances. Under the
circumstances, appeal preferred by the original accused No.2 being
Criminal Appeal No. 1281 of 2011 deserves to be allowed and the
impugned judgment and order passed by the learned trial Court in so far
as convicting the original accused No.2 for the offences punishable
under Section 201 r/w Section 34 of the IPC deserves to be quashed and
set aside and the accused No.2 Pankaj Sodha is to be acquitted for the
charges, for which, he has been convicted.