IMPORTANT POINT
Conviction can be based solely on circumstantial evidence, but it should be tested by the touch-stone of the laid down law relating to circumstantial evidence.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court upholding the conviction of the appellants for offences punishable under Sections 302, 120B and 201 of the Indian Penal Code, 1860 (in short the ‘IPC’). Two appeals filed by the appellants were disposed of by a common judgment. Learned Additional Sessions Judge, Abu Road, Sirohi had convicted the appellant as aforenoted.

2. Prosecution version in a nutshell is as follows:

On 12.01.1996 a missing person report about Purshottam Bhai was submitted by Smt. Jashoda Ben to the Police Inspector, Police Station, Nadiad. On this application, Inspector Arvindbhai Patel (PW 21) started investigation on 16.1.1996. Since in the application the name of Jasbhai r/o Nadiar was mentioned so he reached Nadiad and started investigation of the case. Jasbhai was not found at his home. His son’s wife Rekha met him there and she was interrogated. On 18.1.1996, Jasbhai was found at home and he was interrogated. The statement of Jasbhai was recorded. Jasbhai said that Ramesh Patel and Narvar Singh both have cheated him jointly in purchasing his house. On 18.1.1996 the statements of Jashodaben were recorded and copy of the agreement of sale of the house of Jashodaben was submitted. Thereafter the statements of Rameshbhai and Narpat Singh were recorded. Both the accused persons Narvar Singh and Ramesh accepted that they had taken Purshottam Bhai and his wife on a visit to Ambaji at Abu Parvat and in Abu Parvat at sunset point they made them drink coffee by pouring sleeping pills in it. After drinking coffee, Purshottam Bhai became unconscious and he was given five injections of poison. Jashoda Ben was not unconscious therefore they could not give her injections. After giving him injections of poison, Purshottambhai died and they wrapped his dead body in a sheet and placed it in the room. This room was hired at Raghunath Dharamshala. Therefore Narvat Singh left Dharamshala and Ramesh told Jashoda that Purshottam Bhai had gone to Ambaji alongwith Narvar Singh and he asked her to go to Ambaji. Taking Jashoda with him, Ramesh came to Ambaji. Leaving Jashoda alone at Ambaji, both the accused persons fled away. On 19.01.1996 Inspector Arvind Bhai Patel reached Abu Parvat Police Station taking Jasbhai, Ramesh and Narvar Singh with him and in the morning all the three accused persons were handed over to the Abu Parvat Police.

After completion of investigation, charge sheet was filed. Since accused persons abjured guilt, trial was held.

The trial court found that though the case of the prosecution rested on circumstantial evidence, the circumstances clearly established the accusations. In appeal the High Court upheld the conviction as recorded.

3. In support of the appeal learned counsel for the appellants submitted that the circumstances highlighted do not establish the accusations.

4. Learned counsel for the respondent-State on the other hand supported the judgment.

5. It has been consistently laid down by this Court that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. (See Hukam Singh v. State of Rajasthan1 AIR (1977 SC 1063); Eradu and Ors. v. State of Hyderabad2 (AIR 1956 SC 316); Earabhadrappa v. State of Karnataka3 (AIR 1983 SC 446); State of U.P. v. Sukhbasi and Ors.4 (AIR 1985 SC 1224); Balwinder Singh v. State of Punjab5 (AIR 1987 SC 350); Ashok Kumar Chatterjee v. State of M.P.6 (AIR 1989 SC 1890). The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. In Bhagat Ram v. State of Punjab7 (AIR 1954 SC 621), it was laid down that where the case dep