( 1 ) THE appellants have been convicted for causing the murder of one Shanti Bai, the mother-in-law of appellant Mohan Kumar, at night between 9th and 10th November 1979 and each of them has been sentenced to imprisonment for life. They have also been convicted for offence under section 328, Indian Penal Code and each of them has been sentenced to seven years rigorous imprisonment and fine of Rs. 100/- and in default to suffer simple imprisonment for one month on that count. Both the sentences were ordered to run concurrently.

( 2 ) APPELLANT Mohan Kumar is married to deceased's Shanta Bai daughter Shyamabai (P. W. 17 ). She had come back to her parents house. Appellant Mohan Kumar wanted her to go to him, but she declined. It is also said by the prosecution that the appellant Mohan Kumar demanded Rs. 400/- from his mother-in law deceased. Shanta Bai, who is said to have refused to give any amount to Mohan Kumar. It is further said that in the evening of the fateful night, the appellant went to the house of Shanta Bai where they offered peda (a kind of sweet) to Shanta Bai, her daughter Shyama Bai (P. W. 17) and Rama. Bai (P. W. 18) and son Rewaram (P. W. 19 ). Mohan Kumar is further said to have mixed something in the Kari which was being cooked then. The daughters and the son of Shanta Bai became unconscious after eating the Peda and Kari. In the morning Shanta Bai was found dead, lying naked, but the ornaments which she were. found in tact on her body. She was taken to the hospital where autopsy was held on her body by Dr. M. M. Nanda (P. W. 11) who found as many as 10 abrasions on her person. Her meet was found swollen. The post mortem report is Ex. P-17. According to Dr. Nanda (P. W. 11), Shanta Bai died as a result of throttling. At the trial Shyama Bai (P. W. 17) was produced as an eye-witness and the prosecution also relied upon the circumstantial evidence in. the presence of the appellants in the house of the deceased at meal time.

( 3 ) THE two daughters viz. Shyama Bai and Rama Bai, the son Rewaram (P. W. 19) and also P. W. 20 Madhu Bai have been examined to show the presence of the appellants at the house of the deceased that evening. Finding these circumstances proved and on relying upon the testimony of P. W. 17 Shyama Bai, the appellants have been convicted and sentenced as aforesaid.

( 4 ) AFTER hearing the learned counsel for the appellants we are of the opinion that this appeal must be allowed. The prosecution itself has put a very hazy picture of the whole incident It is not even certain about the motive which, according to the prosecution, led the appellants to commit the crime. At one stage it was alleged that appellant Mohan Kumar was annoyed because his wife had not been sent back and yet at another stage, it was said that the deceased refused to give him Rs. 400/- None of the motives appears to have been proved. It is the case of the prosecution itself that the deceased was found with all the ornaments on her body. If the appellant Mohan Kumar really wanted some money in all probability, he should have taken away the ornaments which the deceased wore at that time. That, however, was not done. We are not satisfied, therefore, that the prosecution has been able to attribute any motive for the crime to the appellants. Again, although, p. W. 17 Shyama Bai has been produced as an eyewitness, her testimony does not appear to be trustworthy on that count. What she deposed is that the appellants came to her place in the evening, gave peda to eat and also put some intoxicant in the food. She and her sister and brother, on taking that Kari and Peda became unconscious. According to Dr. G. N. (P. W. 7 ). it was a case of dhatura poisoning. P. W. 18 Ramabai, her brother, have deposed that they fell unconscious and regained consciousness only in hospital where they were told by others that their mother Shanta Bai was dead. They do not state that they were told of any assault by appellant, Mohan Kumar