Judgment

P. JAGANMOHAN REDDY, J:- This Appeal is by Special leave against the Judgment of the Himachal Bench of the High Court of Delhi acquitting the accused who had been sentenced to death for an offence of murder under S. 302 of the Indian Penal Code. The accused Respondent was a Manager at the Kotkhai Branch of the Himachal Pradesh State Co-operative Bank of which Sunder Lal Chaturvedi the deceased was the General Manager. It appears that during the period the accused was working in that Bank there was a fire in the Kotkhai Brach in which the records of the Bank were burnt and a sum of Rs. 10,000/- was found missing. The deceased had suspended the accused from the ser vice and subsequently he was dismissed. In or about 1964, the deceased retired from the Bank and in 1965 started a Private Limited Company under the name of Himprasth Financiers with the Head Office at Nagina Singh Building which was situated in the Mall at Simla of which he was the Managing Director. He used to also live in the same building in one of the rooms of the office and have his meals in the Mansarover Hotel. The other Directors of this company were Gurucharan Singh, Puran Chand Sood and Kailash Devi wife of I. C. Gupta, P.W. 2, who was at one time also Manager in the Himachal Pradesh State Co-operative Bank. After the accused was dismissed from the Bank he had applied to the deceased for a job and was appointed as an Accountant in the Finance Company but later when his request for increase in his pay was not sanctioned, he sent in his resignation by a letter dated 31-12-66 Exh. P. 8 and it was accepted on 3-1-67 by a resolution of the Board of Directors Exh. P. 43. On the night of 30th January 1967 the deceased had his dinner at the Hotel and when he came out after taking his food it was alleged that he was met by the accused. This was witnessed by Romesh Chand P. W. 7 the Proprietor of the Hotal Who saw them both going towards the Mall. Thereafter at the betel shop which is near Nagina Singh Building, Lal Chand P.W.9 who was purchasing cigarettes at that shop saw them together and going towards the Nagina Singh Building. It was the last time he was seen alive. On the 31st January 1967 at about 9.30 a.m. I.C. Gupta P.W.2 came to visit the deceased and found that the main door was bolted from inside.He then peeped through the glass of the window panes through the adjoining room and saw that the deceased was lying in a pool of blood. He immediately telephoned to the Police. In response to this call the Station House Officer of the Saddar Police Station, Inder Raj Malik, P. W. 28 came to the building broke open the room through the kitchen door and saw that the back door of the bath room was open. At that time there were present P. W. 2, Amar Chand P.W.8, Baldev Krishan P.W.13 and others. The deceased had on him four incised wounds one on the neck and 3 on the hands. On inspection of the room he found on the nearby table a key Ex. 4 stained with blood and under the table there was a biscuit colour Coat button Ex. 1. Inside the shelf of an Almirah there was a water flask which appeared to have on its neck 3 finger imperessions. On the glass pane of the door leading to the kitchen were also found two finger marks. The curtain near the Kitchen door showed that someone had wiped his blood stained hands on it. The key and the button were seized and a panchnama was made. There were also found two bunches of the keys underneath the pillow of the deceased. Des Raj, P. W. 6, the Police Photographer took photographs. not only of the various objects in the room but also the finger marks on the flask and the window panes after the same were dusted with some grey powder. Thereafter the Investigating Officer P. W. 28 requested P. W. 2, P. W. 8 and P.W. 13 to ascertain if any of the things belonging to the deceased were missing. These three persons informed him after inspection that two loan registers, one general ledger, one cash book and vouchers from April 1966 to