further submit that as per the case of the prosecution, on the date of incident the appellant and the deceased were quarreling since morning and on being assaulted by the appellant, the deceased died, but this fact has not been proved by any of the witnesses. Neither it is a case of last seen together nor any extra judicial confession. Even in the gamcha, allegedly seized from the appellant, no blood group of the deceased has been reported to be found, hence, only on the basis of blood stained gamcha allegedly seized from the appellant, his conviction cannot be based on it, particularly, when it has not been proved by independent witnesses that alleged towel was seized on the basis of memorandum statement of the appellant as no independent witnesses have supported the memorandum statement (ExP/9) and seizure memo (Ex-P/7). It is further stated by learned counsel for the appellant that Rilo Toppo (PW-1), Radha Kujur (PW-2), Ranjeet Kujur (PW-3) and Salik Toppo (PW-4) have admitted in their cross-examination that prior to 3-4 days of the incident, the appellant had come to attend the phaldan ceremony of daughter of complainant Salik Toppo to his village Karrojor Mudabahala and after getting information that the deceased was lying dead on the veranda of her house, the appellant also came along with them to his village Ludeg Barpani where the incident
