JUDGMENT :

Moushumi Bhattacharya, J.

1. Both these criminal appeals are against a judgment dated 6.1.2023 passed by the learned Sessions Judge, Andaman and Nicobar Islands.

2. By the impugned judgment, the accused persons, namely, M. Jose and R.N. Hawlader were held not guilty of the offence punishable under sections 304/34 of the Indian Penal Code, 1860 and were acquitted under section 235(1) of The Code of Criminal Procedure, 1973.

3. The appellants in the present case are the State and Sujit Kumar Samuel, the defacto complainant and the brother of the deceased, Anil Kumar Samuel. The factual conspectus which was before the learned Sessions Judge is first required to be briefly stated.

4. The prosecution case is that on 28.7.2007, the appellant, Sujit Kumar Samuel lodged an FIR stating that his brother Anil Kumar Samuel did not return home on 27.7.2007. Sujit Kumar Samuel later received information that his brother was lying at Brookshabad in an injured condition and found his brother lying dead near the sea shore with injuries at his head and blood oozing out of his nose and mouth. Sujit Kumar Samuel/the appellant lodged an FIR against unknown miscreants which was registered as C