Appellants - Narayan and Bhagirath, who were tried along with one Bhanwaribai, the wife of Bhagirath, have been convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life by Additional Sessions Judge, Narsingarh, vide his judgment dated 9.2.1995 in Session Trial No. 66/1999. Said co-accused Bhanwaribai who was charged with the aid of Section 109 of IPC has, however, been acquitted by the trial Court.

We have heard Mr. Jaisingh, Sr. counsel appearing with Mr. Sisodiya, Advocate for appellants and Mr. Girish Desai, Dy. Advocate General for respondent - State. To cut short the judgment we may observe at the outset that it is a conviction without evidence.

Dead body of deceased Ramsingh was recovered from his fields in the morning of 1.11.1990 at village Kishorpura. It was found that he has been murdered by inflicting cutting wounds on his head and neck. A report in this regard was lodged with the police, on the basis of which a crime was registered and the investigation followed. The only evidence which the police could collect against the appellants was that of last seen and recovery of certain arms in the wake of disclosures made by the accused - appellants while in police custody. However, during evidence the witnesses examined regarding last seen did not support the prosecution story and the impugned conviction is based solely on the remaining evidence regarding recovery of blood stained weapons at the instance of the accused appellants. It is, however, seen that the seized weapons namely; Farsi and an Axe, were found stained with human blood but the group of the blood found on these weapons could not be determined (vide FSL Report Ex. P-10 and Seriological Report Ex. P-21). We are afraid, no inference of guilt could be drawn on the basis of such a recovery without there being any evidence regarding blood group which is absent in the instant case.

Hon'ble the Supreme Court in the case of Kansa (AIR 1987 SC 1507) has held: "the evidence about the blood group is only conclusive to connect the blood stains with the deceased. That evidence is absent and in this view of the matter, in our opinion, even this is not a circumstance on the basis of which any inference could be drawn".

In the instant case also, as already pointed out, the evidence regarding grouping of blood found on the seized weapon was absent. The appellants could not be, therefore, connected with the crime in question on the basis of recovery of said weapons. Even otherwise, the evidence regarding recovery was inconclusive inasmuch as the two panch witnesses examined by the prosecution in that behalf did not support its case.

From the foregoing discussion it, therefore, inevitably follows that the charges against the appellants could not be brought home fully and they were entitled to acquittal.

In the result this appeal succeeds and is allowed. The impugned conviction and sentence are set aside and the appellants are acquitted. They are already on bail and their bail bonds shall stand discharged.