JUDGMENT:— Delay condoned. Special leave granted.

2. Both the appeals arise by a common judgment made in Criminal Appeal No. 689/ 76 dated 2nd December, 1983 on the file of the High Court of Rajasthan, Jaipur. Bench at Jaipur. Before the Trial Court these two appellants along with one other accused by name, Narain, who was arrayed as accused No. 1 were tried for offences under Sections 302 and 392 IPC. In this connection, it may be noted that accused Narain who is said to be undergoing his sentence of life imprisonment, is not before us. According to the prosecution that on the night of 29-9-74, in a field situated in Moza Tan Nayabas Ki Dhani, the appellants and Narain murdered the deceased Rupa Gujar aged about 65 and also committed the offence of robbery by removing her ornaments. To substantiate above charges, PWs. 1 to 20 inclusive of the official witnesses were examined. It is said that the deceased left the well situated in her field at about 6 p. m. on the date of the occurrence. At that time of leaving, the deceased was found to have been wearing some silver ornaments (Articles 1 to 6). The deceased did not return to the well till the next morning. She was not also found in her house. A frantic search was made but it proved futile. On the evening of 2-10-74 it was informed by some children that a dead-body of a woman was lying in the field and the hands and legs of the deceased have been cut and the ornaments were missing. P.W. 1, son of the deceased laid a report at Bandikuin Police Station on 2-10-74 at about 5-30 A.M. P.W. 18 took up the investigation, went to the site and prepared a site plan. Dead body was highly mutilated and decomposed and part of the body was eaten away by animals. During the course of investigation PW 18 examined witnesses and arrested these two appellants and Narain on 5-10-74. The respective houses of these two appellants and Narain were searched on 7-10-74 which led to the recovery, of a dagger from the house of the appellant Prem and a gandasa and a silver kada from the house of Narain but nothing was recovered from the house of Hardyal. On 8-10-74 again the house of the appellant Prem was searched and one silver kada was recovered. On the same day the house of Hardyal was searched which led to the recovery of certain silver articles, namely, a bali (ear ring), silver bangles, silver rings and a silver locket . Thereafter on 29-10-74 the house of Hardyal again was searched and certain clothes of the accused which said to have been stained with blood were recovered. All the ornaments recovered during the course of the searches are marked as articles 1 to 6. After completion of the investigation PW 18 filed the charge-sheet.

3. The Trial Court on the strength of the evidence adduced by the prosecution convicted the appellants and Narain under S. 302 read with S. 34 IPC and sentenced each of them to undergo imprisonment for life and also convicted them under Section 392 IPC and sentenced each of them to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 5001-. The High Court, on appeal, has confirmed the judgment of the Trial Court.

4. Admittedly there is no eye-witness to the occurrence. The prosecution rests its case only on certain pieces of circumstantial evidence to substantiate these charges levelled against these two appellants and Narain. Those circumstances are formulated in paragraph 33 of the judgment of the Trial Court.

5. The first circumstance relied upon by the prosecution is that these appellants made an inquiry from the deceased herself about her movement which she had later on reported to her sons PWs. 1 & 7 and her husband. It transpires from the evidence that this report was made b the deceased about 15 or 20 days prior to her death. This piece of evidence, in our view, cannot serve as an incriminating circumstance involving these appellants and Narain in this dastardly murder. The second piece of evidence is that of PWs 3 & 4. These two witnesses