47
crime. If the circumstances proved in a particular case are
not inconsistent with the innocence of the accused and if
they are susceptible of any rational explanation, no
conviction can lie. Judged from this standpoint, it is not
possible to affirm the conviction of the appellant for the
offence of murder of any one or more of Bhanwar Singh,
Roop Singh, Lad Kanwar and Inder Kanwar. The three
circumstances relied upon by the prosecution are not
incompatible with the innocence of the appellant insofar as
the murders of these four persons are concerned. They are
capable of being explained away on a hypothesis other than
that of guilt of the appellant. We may point out that in any
event the view taken by the Sessions Court that the
circumstances were not sufficient to found the conviction
of the appellant was a reasonable view and the High Court
was not justified in reversing it.”
35.
It must be stated that both Sanjay @ Sonu and Saurabh @ Sanju
were unknown faces to PW5 Ujjwal, and were not subjected to any Test
Identification. Apart from identification by PW5 Ujjwal in Court for the
first time, there is no other material to establish their presence. Thus, even
if we accept that fingerprints lifted from the house of the deceased could be
associated with the said two accused, that by itself, in the absence of any
substantive piece of evidence, cannot be made the basis of their conviction.
These accused are therefore entitled to the benefit of doubt.
36.
Having come to the conclusion that all three appellants are entitled
to benefit of doubt, we need not go into the fourth submission advanced by
Mr. Marlapalle, learned Amicus Curiae.
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