JUDGMENT :

Madan B. Lokur, J.

The substantial issues raised in this appeal, in which the conviction is based on circumstantial evidence, primarily relate to the presence of the convict at the place and time of the murder of Gangamma, the analysis of the fingerprint evidence recovered from the place of incident and the recovery of blood stained clothes of the convict and the ornaments of the deceased at his instance. On all issues, we find in favour of the convict and conclude that that none of the circumstances that have been found against him by the High Court and which have led to his conviction have been satisfactorily proved. The conviction must, therefore, be set aside.

The facts

2. On 5th November, 1990 the appellant Prakash, ordinarily a resident of Nagenahalli village in Doddaballapur taluk of Bangalore district was searching for Gangamma's house in Bangalore. While doing so, he met PW-6 (also named Gangamma) and asked her for directions. Since PW-6 did not know the way to Gangamma's house, she took Prakash to PW-7 Ammajamma's house, and requested her to take Prakash to Gangamma's house.

3. Ammajamma then took Prakash to Gangamma's house. On reaching there, Prakash informed Ga