JUDGMENT

Arijit Pasayat, J.-Heard learned counsel for the appellant-State. There is no appearance on behalf of the respondent-accused.

2. Respondent faced trial for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short I.P.C. ). Though found guilty by the Trial Court, he was acquitted by the High Court.

3. We have gone through the judgments of the High Court and the Trial Court. The Trial Court relied upon three circumstances to find the respondent guilty. They were : (1) he was last seen with the deceased persons. (2) he was found to be in possession of the Kadiyas when he was arrested and (3) the recovery of blood stained articles on being pointed out by him. The accused was awarded death sentence. He filed one appeal from jail and one through counsel. A reference was made by the Trial Court for confirmation of the death sentence. The High Court analysed the evidence and found the accused innocent and directed his acquittal.

4. Learned counsel for the appellant-State submitted that the circumstances highlighted by the prosecution were sufficient for finding the accused guilty. The Trial Court had rightly found the accused guilty but th