Indian Penal Code, 1860  - Section 34 , Section 201 , Section 302 , The Code of Criminal Procedure, 1973  - Section 100 (4) ,  (5) , The Arms Act, 1959  - Section 25 (1) , Section 27

Murder - Acquittal - Conspiracy - Circumstantial evidence - Prosecution case that accused 4 & 5 were hired criminals and accused no. 1, 2, 3 and 6 paid money for killing the deceased - Trial Court acquitted accused no. 3 and convicted accused no. 4 & 5 u/s. 302 r/w s. 120B, IPC and awarded death penalty - Accused no. 1, 2, and 6 were convicted u/ss. 302 r/w s. 120B and were awarded life sentence - HC confirmed death sentence against accused 4 & 5, but acquitted the other three accused - Circumstantial evidence against accused 4 & 5 do not constitute a complete chain consistent with the guilt of accused 4 & 5 - Identification by PW-4 cannot be relied upon at all inasmuch there were grave doubts about the presence of PW-4 at the place of occurrence - Vital contradiction between the versions of witnesses identifying and the person conducting the TI Parade - Finger print expert has not given any evidence of finger print on the alleged weapon of offence - Acquittal of accused no. 1, 2, 3 and 6 which was upheld by this Court casts a serious doubt on the entire prosecution - Benefit of doubt to be given to accused 4 & 5 - Conviction set aside - Appeals disposed of.

Topic(s)-Murder , Acquittal , Conspiracy , Circumstantial Evidence