K.S. LODHA, J.—Suspicion however grave, cannot take place of proof; it is always for the prosecution to establish its case beyond doubt and to the hilt and the weakness of the defence taken by the accused cannot to taken to be a proof of the prosecution case. These principles are well settled by the various decisions of their Lordships of the Supreme Court, but it appears that in this case, the learned Additional Sessions Judge has not kept these principles in mind while considering the prosecutions case and appreciating the evidence. That is why, according to us, he has reached to drawing conclusion of the guilt of the accused on the basis of mere surmises and conjectures.

2. The prosecution story, briefly stated, is that deceased Smt. Anita was married to the accused Somnath on 23.5.81. It does appear that Smt. Anita was not happy in her husbands home and had some grouse mainly against her mother-in-law and sisters-in-law, although at sometimes, she accused the present accused of bad character. All the same, she never complained of any ill-treatment or cruelty meted out to her husband. This will appear from the letters written by her from time to time and to which we shall present

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