The central legal point established in the judgment is the significance of reliable evidence and expert opinions in evaluating the prosecution's case.

This Criminal appeal has been preferred against the judgement and order dated 16.3. 2000 whereby learned Additional Sessions Judge, Ramban has convicted and sentenced the accused to undergo life imprisonment and fine of Rupees 3000/- in such default whereof each accused was to suffer six months imprisonment in addition to substantive sentence imposed.

2. The prosecution story in brief is that on December 25, 1996, Sakhi Mohd. son of Ghulam Mohi-ud-din Naik R/o Paristhan lodged a verbal report with Police Post Ramsu to the effect that during the intervening night of 24th and 25th December 1996, some unidentified persons have killed one Mathura Singh son of Mussadi Ram Thakur R/o Charhalan with gun bullet. The Rifle of the deceased is lying beside the body of the deceased Murder has been committed by unidentified persons because of some enmity or with some purpose. He has been asked by the Chowkidar Ghulam Nabi of the area to lodge the report. Report No. 6 was entered in Roznamacha and copy submitted to Police Station Banihal which came to be registered as FIR No. 164/96 for offence u/s 302 RPC.

3. The Investigating Agency during investigation collected the evidence and produced the challan. The accused pleaded not guilty and were tried. The trial court on appreciation of evidence has convicted and sentenced the accused.

4. The appeal has been preferred on the grounds that the trial court has neither rightly appreciated the evidence nor applied the law to the facts of the case and on the basis evidence as led by the prosecution, the appellants accused deserve acquittal as the prosecution has failed to connect the accused with the commission of alleged offence.

5. We have heard the learned counsel for tile parties, perused the judgement under appeal and also appreciated the evidence.

6. On perusal of file, it is seen that the charge framed against the accused on 6.5.1997 reads as under:

"That on 24/25 December 1996 at Charhalan Tehsil Banihal, you alongwith accused -- Prem Singh with criminal intention to murder the deceased Mathura Singh caught him and the Prem Singh fired at the deceased and murdered him. Thereafter in connivance with Prem Singh you took out empty shell from the rifle of Prem Singh, Kept the shell of the bullet in the rifle of the deceased which was allotted to him so that it may give a colour of suicide.

In the like manner, other accused has also been charge-sheet with the same as indicated in the aforesaid charge-sheet."

7. The prosecution during the course of investigation recorded the statements of the witnesses under section 161 Cr.P.C, and set up the story that the deceased Mathura Singh is the Commander of Village Defence Committee and Prem Singh and Charan Dass are members of VDC. Prem Singh and Charan Dass came to the house of Bhuri Devi, mother of the deceased, and told her that Mathura Singh has developed illicit relation with Parvati wife of Prem Singh, so may be asked to desist from such action and in the evening of the same day, Prem Singh and Charan, Dass came to her house and had conversation with Mathura Singh for some time. Mathura Singh also lives in the same house. Prem Singh sought leave and told to Mathura Singh that he will discharge duty for the night at the house of Charan Dass and thereafter both of them left to their houses. Mathura Singh who was in the house of Mst. Bhuri Devi gave medicine to his mother and she served him with food. Mathura Singh and Udham Singh, another son of Bhuri Devi, had the meal together and Udham Singh thereafter left Mathura Singh also left alongwith his rifle. After an hour, Udham Singh and Madan Singh both brothers came to their mother Bhuri Devi and enquired about Mathura Singh. They told her that gun Sound is heard somewhere in the deodar trees and thereafter both went for search of Mathura Singh. After sometime Udham Singh and Madan Singh came back and told Bhuri Devi that they enquired from Prem Singh and Charan Dass and they have told that Ma