Order :

Thakkar, J.

1. Whether the respondent (original accused) was guilty of the offence of murdering his sister-in-law, her two minor daughters, as also of murdering three minor daughters of his own at his own house at about 4.00 a.m. on the night between August 19 and August 20, 1974 is the question which has been answered in the negative by the High Court. The edifice of the prosecution case was built entirely on the evidence of two alleged eye-witnesses, viz. PW 2 Leela Singh and PW 3 Jaswant Singh who were residing in the neighbourhood. The version of PW 2 and PW 3 that both of them had scaled a 15? high wall after crossing over the roof of neighbour Binder Singh, entered the house of the respondent stealthily, and had witnessed the crime was disbelieved by the High Court. On PW 2 being confronted with his earlier statement, he was obliged to admit that in his earlier statement he had not even mentioned that he and PW 3 had gone to the house of the respondent on the night of the occurrence. He confessed that he was unable to explain how and in what circumstances such a vital omission occurred. Surely no reliance can be placed on the evidence of such a witness. The evidence of