Appellant was said to have been seen before or after the occurrence by several tea shop owners and the labourers in the tea stall etc. To corroborate the evidence of tea stall owners, labourers were examined that they had seen the appellant with blood stained clothes and same were recovered pursuant to the statement under S.27 of Evidence Act. It is preposterous to place absolute reliance on such suspect evidence. It is curious that the appellant claimed to have gone to each tea stall for tea just to enable them to note his movements. The normal human conduct would be to avoid any body noticing him either before or after committing the offence. It is highly unbelievable that he had used two types of weapons one stabbing and another cutting weapons.

The most startling aspect we came across from the record is that the criminal trial was unfair to the appellant and the procedure adopted in the trial is obviously illegal and unconstitutional. The Sessions Court in fairness recorded the evidence in the form of questions put by the prosecutor and defence counsel and answers given by each witness. As seen the material part of the prosecution case to connect the appellant with t