Conspiracy

According to said witnesses one week prior to the murder of deceased they heard the voices of accused, wherein accused persons were asking co-accused to commit the murder of deceased

Considering that both the said witnesses were relatives of the complainant and the deceased, it was totally unbelievable that when both the said witnesses, according to them, had heard the conversation wherein, clearly plan under discussion was to commit the murder of deceased, then how they could desist to report such an important factor to the close relative of said deceased prior to the occurrence

In that view of the matter, Court had no doubt whatsoever to hold that said piece of evidence was in fact self-made creation, with no actual basis

Circumstances established that the prosecution had failed to prove its case against the accused

If prosecution had failed and the statement of the accused under S. 342, Cr.P.C. was accepted in entirety, the court was then to give due effect to the statement of the accused, under the law, whether in favour of or against the accused

Appeal against conviction was dismissed.

Re-trial resulting in acquittal-Other accused should also be acquitted.