The prosecution must prove the guilt of the accused beyond reasonable doubt in a criminal case. If there are contradictions in the testimony of the eye-witnesses, absence of neighbors at the scene of the crime, delay in apprehending the accused, doubtful recovery of blood-stained clothes, insufficient light at the time of the incident, and contradictions regarding the recovery of the murder weapon, the prosecution fails to discharge its burden of proof.

P.C. Jain, J.-This appeal arises out of the Judgment of learned Addl. Sessions Judge No. 1, Srigaganagar dated 18-4-1990, by which the accused has been convicted under Section 302, IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs. 500/-, in default of payment whereof to further undergo rigorous imprisonment for one year.

2. Theprosecution case, briefly stated, is that on 25-1-1988 Niranjan Singh (PW 1) was sitting in his house along with Balwant Singh, who was ‘sadu’ of his son Amreek Singh. His brother-in-law Gurdyal Singh and son Inderjeet Singh were also inside the house, Balwant Singh had come there at about 4.00 P. M. At about

7.00 P. M. Balwant Singh went outside the house to ease himself There was a toilet outside the house of Niranjan Singh, situated at the left corner of the house. About five minutes after the Balwant Singh went out they heard abusive language. Then Niranjan Singh, Inderjeet Singh and Gurdyal Singh came out of the house. They saw the accused attacking Balwant Singh with a sword. The accused inflicted first blow at the back of head of Balwant Singh, as a result of which he fell down. The accused further inflicted three-four blows on the head of Balwant Singh. As a result of above injuries, Balwant Singh died instantaneously. The accused thereafter left the place of occurrence and went into his house, which was just in front of house of Niranjan Singh (PW 1).

3. Niranjan Singh (PW 1) proceeded to the Police Station and reached there at about 8.30 P.M. and lodged the First Information Report (Ex. P. 2). On this report, the Police registered a case under Section 302, IPC and the

Investigating Officer Hema Ram (PW 9) immediately reached the place of occurrence. He could not take further steps as it was night. He, therefore, deputed two constables at the place of occurrence. On the next day, after inspection of the site, the Investigating Officer prepared the site-plan memos Exs. P3 and P3A. The inquest report (Ex. P2) was also prepared in the presence of responsible witnesses of the vicinity (Motbirs).

4. As per the inquest report, it was concluded that the deceased died of head injuries. The Investigating Officer also collected the blood-smeared soil as well as control soil, sealed the same and sent for chemical examination.

5. Dr. Ratanlal Agrawal (PW 7) conducted postmortem of deceased Balwant Singh. The Investigating Officer also collected the clothes of deceased Balwant Singh which he was wearing at the time of incident, sealed the same and prepared the seizure memo Ex. P1. The accused was apprehended on 28-1-1988 at the Railway Station, Raisingh Nagar and arrest memo Ex. P17 was prepared. The clothes of accused were blood stained. The Investigating Officer seized the same and prepared the seizure memo Ex. P18. On 30-1-1988, while in Police custody, the accused furnished an information under Section 27 of the Evidence Act to the effect that he had hidden the sword along with sheath with which he murdered the deceased beneath a wooden box and that he is prepared to get the same recovered. The accused thereafter led the Investigating Officer to the place where the sword and the sheath were hidden and made the same recovered. The seizure memo Ex. P13 was prepared by the Investigating Officer for these two articles. He also prepared site plan of the place from where these two articles were recovered. The clothes of the accused as well as of deceased were sent for chemical examination to the State Forensic Science Laboratory.

6. The FSL sent the report Ex. P20, according to which the clothes of the deceased as well as the articles worn by the accused were found stained with human blood. Further, the blood smeared soil, soil chips, bushirt and baniyan of the deceased were found stained with B group blood. Similarly, the bushirt, paint and pagri of the accused and sword and myan (sheeth) were also found stained with B group blood.

7. Armed with this incrimating evidence, t