In circumstantial evidence cases, the prosecution must establish a complete chain of evidence that excludes all reasonable hypotheses of innocence for a conviction.

JUDGMENT :

MANOJ MISRA, J.

1. These two appeals preferred against the judgment and order of the Delhi High Court (for short “the High Court”) dated March 5, 2009 in two connected appeals i.e. Criminal Appeal Nos.682 of 2008 and 316 of 2008 are being decided by a common judgment.

2. Two persons, namely, Santosh @ Bhure (appellant in Criminal Appeal No.575 of 2011) and Neeraj (respondent in Criminal Appeal No.576 of 2011) were tried for offences punishable under Sections 302 read with 34 and 120-B of the Indian Penal Code, 1860 (for short “IPC”). The Court of Additional Sessions Judge, Rohini Courts, Delhi (for short “the Trial Court”) vide order dated 27.02.2008 found them guilty for offence punishable under Section 302 read with Section 34 IPC and, vide order dated 29.02.2008, sentenced them to imprisonment for life. They were, however, found not guilty for offence of criminal conspiracy. Aggrieved therewith, two separate appeals, namely, Criminal Appeal Nos.316 of 2008 and 682 of 2008, were filed before the High Court. The Criminal Appeal No.316 of 2008 filed by Neeraj was allowed thereby acquitting him of the charge of murder whereas Criminal Appeal No.682 of 2008 filed by Santosh @ Bhure was dismissed.

3. Aggrieved by acquittal of Neeraj, State of Delhi has preferred Criminal Appeal No.576 of 2011 whereas, aggrieved by dismissal of his appeal, Santosh @ Bhure has filed Criminal Appeal No.575 of 2011.

Introductory Facts

4. (i) The prosecution story in brief is that Santosh @ Bhure was tenant of an apartment on the second floor of a building owned by Ramesh Chand (PW3). On 12.09.2000, at about 10.40 a.m., an information was given to the police that a dead body is lying in that apartment. On receiving the information police team visited the spot, found a person lying dead on a folding cot and blood scattered all over the floor as also the cot/ bed linen. The bed linen, blood, burnt cigarette pieces, match box, empty packets of salted snacks mixture, whisky bottle, plate etc. found there were lifted and seized by the police. Besides that a suicide letter was found in a pocket of the trouser which the deceased was wearing. The same was also seized. The body could not be identified at the spot. However, later, Bhagwan Dass (PW26) identified it to be of Hari Shankar. On 13.09.2000, Shiv Shankar (PW23), brother of the deceased, Smt. Vandana (PW9), wife of the deceased, and Ajay Kumar (PW18), brother-in-law of the deceased, on information, arrived and confirmed that the body is of Hari Shankar. During investigation Ramesh Chand (PW3), owner of the building, disclosed that Santosh @ Bhure was his tenant and occupant of that apartment and at about 4.00 p.m., on 11.09.2000, Santosh was seen leaving the premises with a Gathri (a bag made of cloth) in his hand. Raj Kumar (PW4), a tenant of the first floor, during investigation, stated that Santosh @ Bhure resided in that apartment with one Hari Om who had left a week prior to the incident, and on 11.09.2000, at about 9.00 p.m., he saw the deceased playing cards and having liquor with Santosh and Neeraj in that apartment.

(ii) On 20.09.2000 police