6 . Since the appeal on behalf of deceased accused Soukhilal has abated, we are not going into the merits of the so called extra judicial confession. However, as far as accused Kunja Bihari is concerned, none of the witnesses has named him except PW-1, Ramkumari, widow of deceased Fekan alias Bilaspuriya and PW-12, Bitawan Bai, mother of PW-1, Ramkumari. They both stated that accused Kunja Bihari had called Fekan alias Bilaspuriya from their house. For the sake of deciding the appeal, even if this statement is expected to be correct, this means that accused Kunja Bihari, i.e., the present Appellant came to the house of deceased Fekan alias Bilaspuriya and asked Fekan alias Bilaspuriya to accompany him to the house of his father Soukhilal since his father wanted to settle some old dispute. Admittedly, deceased Fekan alias Bilaspuriya was not killed in the house of accused Soukhilal. There is no evidence to even remotely indicate that accused Kunja Bihari was present at the spot where Fekan alias Bilaspuriya was actually assaulted and killed. There is no evidence at all to show that there was some conspiracy between deceased accused Soukhilal and his son accused Kunja Bihari to kill deceased Fekan alias Bilaspuriya. There is no material on record to show that the father and son had hatched the conspiracy to kill Fekan alias Bilaspuriya. There was some evidence against deceased accused Soukhilal. He was convicted, but has died. As far as accused Kunja Bihari is concerned, there is no evidence against him to connect him with the crime in question.
