accused had abducted the deceased and killed him. Above all, the death of the deceased is due to drowning. The possibility of accidental fall or fall into the dam with a view to commit suicide cannot be ruled out. The prosecution has failed to collect the investigation details on a case registered on the file of Malampuzha Police. Absolutely, there is no clinching evidence collected as to how the deceased had gone to Malampuzha. Even the person, who noticed the dead body of the deceased, when it was collected in the fishing net, has not been examined. The investigation in this case is so shady. Thus, the prosecution has failed to prove that the death of the deceased was a homicide and the prosecution has further failed to prove that it was these three accused who killed the deceased. But the trial court has convicted these accused on mere surmise which is not permissible in law. We hold that the prosecution has failed to prove the case against these accused beyond reasonable doubts and therefore, they are entitled for acquittal. 12. In the result, the appeals are allowed and the appellants are acquitted. The conviction and sentence imposed on the accused by the trial court are set aside. The bail bonds, if any, executed by the accused, shall stand discharged. The fine amount, if any, paid by the accused, shall be refunded to the respective accused. Sd/Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Chettipalayam Police Station, Chettipalayam, Coimbatore District. 2.The I Additional District and Sessions Judge, Coimbatore.
