Penal Code, 1860 (IPC)- Sections 302, 376, 511, 454, 380 read with Section 34 - Murder and attempt to rape - Order of acquittal reversed by High Court - Appeal - Double Presumption - Non-Examination of Material Witnesses - When a circumstance has been brought to the notice of the Court by the defense and the Court is convinced that a prosecution witness has been deliberately withheld, as it in all probability would destroy its version, it has to take adverse notice - Anything contrary to such an approach would be an affront to the concept of fair play - Appellant is entitled to the benefit of doubt as the prosecution has not proved its case beyond reasonable doubt - Conviction and sentence set-aside - Appeal allowed.