Point of Law : circumstantial evidence- cardinal principles for conviction on the basis of, restated. Falsity of defence plea if a circumstance against the accused. But it is held that on facts, circumstances not sufficient to conclusively establish the guilt of the accused.

JUDGMENT :

This appeal is directed against the judgment of acquittal rendered by the trial Court in S.C.No.60/2019 dated 13.03.2020 whereby rendering acquittal judgment for the offence punishable under Sections 354, 302 and 201 of IPC.

2. Whereas under this appeal, appellant / State is seeking intervention by consideration of grounds as urged in this appeal and consequently, set-aside the acquittal judgment rendered by the trial Court and to convict the accused of the offences which lugged against him.

3. Heard learned HCGP for appellant/State namely Sri Rahul Rai.K and so also, learned counsel Sri Rajashekar.S for respondent/accused who are present before the court physically. Perused the judgment of acquittal rendered by the trial Court in S.C.No.60/2019 consisting the evidence of PWs.1 to 18 and so also, documents at Exs.P1 to P33 inclusive of M.O.1 to 14 and so also, on the part of defence side marking of documents as per Exs.D1 to D3.

4. Factual matrix of the appeal is as under:

It is transpired in the case of the prosecution that the accused namely Mohan @ Mohan Kumar was working at MRPL Company and he knew the deceased Smt.Radha. He had promised to get job to her daughter Shradda and he had asked deceased Radha to get the resume of Shradda. Accordingly, deceased Radha called her daughter Shradda to forward her resume through mail on 31.10.2018. Accordingly, the said Shradda R.Kundar had sent her resume letter through mail to the Cyber Centre and subsequently, deceased Radha had informed in her home as well as to her daughter that she will take out the print from the cyber centre and thereafter, will go to the house of accused to hand over the resume. Accordingly, deceased Radha had left the home on 31.10.2018 at about 5.30 p.m. and subsequently, she did not return to home. When her daughter Shradda had called her over phone, it was not reachable. Therefore, she called her aunt by name Pushpa. Even her maternal aunt had informed Shradda that her sister Radha has not returned home. Therefore, she had called accused Mohan to his mobile number. But accused informed her that Radha did not come to meet him and he do not know where she is and thereafter, Shradda had called her relatives and informed that her mother had not returned home. Thereafter, the relatives of the deceased Radha as well as the other members went in search of Radha and even they went near the house of accused. The accused had also accompanied them to search Radha. In that regard the relative of Radha went to the police station and informed the police regarding missing of Radha. But on the next day on 01.11.2018 in the morning hours they found a body of female lying in the well situated behind the house of accused. The said body was taken out from the well which was situated nearby the house of accused.

5. It is further stated that subsequent to taking out the body of deceased Radha from well, the body was shifted to mortuary for conducting post mortem over the dead body. Subsequently, daughter of deceased – Radha namely Shradda and also husband of deceased who were at Bengaluru returned to their village and later the daughter of Radha lodged the complaint against the accused. In pursuance of the complaint made by Shradda, who is none other than the daughter of deceased – Radha, criminal law was set into motion and the case was taken up for investigation by the investigating agency and investigation has been done and during the course of investigation recorded the statement of witnesses and also drew the mahazar at Ex.P4 which bears the signatures of PW.10 and PW.16 and also drew the seizure mahazar at Ex.P6 and it bears the signature of PW.10 and 16. So also, the mahazar at Ex.P8 which bears the signature of PW.11 and 16. Ex.P16 is the FSL report and Ex.P18 is the certificate which bears the signature of PW.15. In addition to that P.M.report was also issued as per Ex.P21 in respect of conducting autopsy over the dead body of Radha. So also, the sketch as per E