Damocles sword of death penalty. The findings recorded in the impugned judgments holding the accused guilty of charges framed against him, are based on conjectures and surmises and hence, both the judgments and the order of sentence are unsustainable on the face of record. 77. As an upshot of the above discussion, the impugned judgment dated 25th November, 2021 passed by the High Court and judgment of conviction dated 5th March, 2019, and the order of sentence dated 8th March, 2019, passed by the trial Court, do not stand to scrutiny and are hereby quashed and set aside. 78. Resultantly, the appeals are allowed. 79. The appellant is acquitted of the charges. He is in custody and shall be released forthwith, if not required in any other case. 70 Criminal Appeal No(s). 1954-1955 of 2022