The bodies of Ram Kishan and Sant Lal were found in a drain at Jindpur and on the Burari Hiran Ki Road respectively. A telephone wire was wrapped around Lal's neck and his left leg had apparently been eaten by an animal. The post-mortem report revealed that in both the cases ``death was due to asphyxia resulting from strangulation''.

The cases were being investigated by the Alipur police. As they couldn't make any breakthrough, these were transferred to the Special Staff. When they also failed to get the bodies identified, the cases were transferred back to the dithering Alipur police. Three menRam Pal, Tota Ram and Ashok Kumarwere arrested on May 3, 1993. After this, no more evidence was collected. The police subsequently arrested three more menRam Kumar, Nar Singh Narain Dubey and Tara Singh.

Charges were framed against Ram Pal and Tota Ram under Sections 302 (murder), 364 (kidnapping or abducting in order to murder) and 34 (common intention) of the Indian Penal Code (IPC), and against Ashok Kumar, Ram Kumar, Nar Singh Narain Dubey and Tara Chand under Section 201 (causing disappearance of evidence of offence or giving false information to screen offender) IPC. One more accused, Subhash, could not be arrested during the investigation and has been declared a proclaimed offender.

The prosecution's feeble case hinged precariously on the testimony of Sant Lal and Ram Kishan's sister Ram Shri and her brother-in-law Hardayal. These same witnesses later turned hostile and refused to support the prosecution's case. Regarding Ram Shri's statement, the judge observed: ``The witness is not at all clear regarding her deposition and has made vast improvements.''

The prosecution had alleged that the brothers were last seen by Ram Shri when she visited them on the day of Rakshabandhan. It was at this time that Ram Pal, Tota Ram and Subhash ``forcibly'' took the brothersboth of them labourers -- from their Haiderpur jhuggi and threatened Ram Shri and Hardayal with fatal consequences if they reported the matter to the police.

However, there was no evidence to show that the two had been kidnapped and to show how and when the murder took place. The police failed to prove the exact date when Ram Shri and Hardayal visited the brothers' home. The police could not determine whether Tota Ram, Ram Pal and Subhash ever visited the brothers. The judge said the prosecution failed to establish the circumstances beyond reasonable doubt. The brothers were allegedly picked up from a crowded jhuggi. Yet the investigating officer (IO) did not bother to question anyone in the locality. The judge observed: ``The casual approach of the IO in handling the heinous offence of murder has not only enabled the real culprits to go scot free but has also put the accused persons not connected with the commission of the offence in suffering.''

In his 23-page order the ASJ mentioned that the police also tampered with the First Information Report, in which they changed the word rassi to taar. ``This shows manipulations and fabrications by the police to fasten the guilt upon the accused persons,'' the judge said. A 2-metre telephone wire was subsequently ``found'' in the house of one of the accused, but the judge said that the ``evidence'' could have been planted by the police. The ASJ observed: ``The burden to prove the charge was upon the prosecution. But from the perusal of evidence led by the prosecution, I am of the view that the prosecution has miserably failed to prove charges against any of the accused persons.''

The entire case of the prosecution rested on circumstanial evidence. There were no eyewitnesses to the murders. Yet, the prosecution failed to establish the circumstances connecting the accused with the offence. The judge said: ``The entire case of the prosecution is based upon suspicion and there is no cogent, reliable evidence even to point an accusing finger against the accused persons.''

When a case is based on circumstantial evidence, motive assumes greater importance. Again, the police failed to establish a reason for the accused to kill the brothers. They could not determine either enmity between them or a quarrel or even a theft which resulted in the killings.

``The evidence on record collected by the police was not at all sufficient to even proceed against the accused persons. But in its wisdom, the police not only proceeded against the accused persons, effected their arrest, but also filed the challan against the accused persons to compel them to face the ordeal of prolonged litigation,'' the ASJ said.

Two bodies were found in gunny sacks nearly six years ago. No one knows why. Certainly not the police.