The Code of Criminal Procedure, 1973  - Section 313 , Indian Penal Code,1860  - Section 201 , Section 302

Murder - Conviction - Appellant was arrayed as accused no. 2 - Appeal before HC and the same was dismissed - Hence instant appeal - Held, according to PW3, his wife 'K' left him four years back and was residing with her parents in village - PW10 also in her testimony has confirmed that 'K' has been living in village for 4-5 years - It revealed that they were not living together for number of years - It was further testimony of PW3 that he has never seen 'K' and appellant together and no person in village told him so and it was only his brother who informed him about illicit intimacy between them - It was relevant to point out that wife of deceased PW10 in her testimony has not alleged any illicit relationship between 'K' and appellant - Motive alleged by prosecution that deceased, as elder of family dissuaded appellant to sever his illicit relationship with his sister-in-law 'K' had triggered murder, was not established - Theory of last seen appellant having gone with deceased in manner noticed, was singular piece of circumstantial evidence available against him - Conviction of appellant could not be maintained merely on suspicion, however strong it might be, or on his conduct - These facts assumed further importance on account of absence of proof of motive particularly when it was proved that there was cordial relationship between accused and deceased for long time - It was not possible to sustain impugned judgment - Conviction order was set aside - Appeal allowed.

Topic(s)-Murder – Conviction set aside