The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.

JUDGMENT :

SADHANA S. JADHAV, J.

1. The appellants herein are convicted for the offence punishable under section 302 read with section 34 of the Indian Penal Code and each of the accused is sentenced to suffer R.I. for life and to pay fine of Rs. 500/- in default to suffer R.I. for two years. The appellants are further convicted of the offence punishable under section 201 read with section 34 of the Indian Penal Code and each of them is sentenced to suffer R.I. for 5 years and to pay fine of Rs. 500/- in default to suffer further R.I. for six months by the Additional Sessions Judge, Greater Bombay vide Judgment and Order dated 7.7.2010 in Sessions Case No. 807 of 2006. Hence, this appeal.

2. Such of the facts necessary for the decision of these appeals are as follows:

(a) On 21.5.2006 one Nurul Hasan Khan lodged a report with Trombay Police Station alleging therein that his uncle Nadir Khan owned Shop No. 24 in E-Sector of Chita Camp, which is given on rent to one Akbar Khan who runs a grocery shop in the name and style of Khan store. One Suresh Murav works in the said shop alongwith Dilshad, brother-in-law of Akbar Khan. Dilshad was also residing in the said shop on the mezzanine floor.

(b) On 21st May, 2006 at about 8.30 p.m. Nurul Khan (PW-1) was surprised to see shop closed as the shop normally remains open till midnight. He called upon the people in the locality and opened shutter and saw that fans and lights were on. Similarly, cash drawer was found open. He therefore, called out for Dilshad who resides on the mezzanine floor, but there was no response. When he lit candle, he noticed legs of someone on first floor and therefore, he called upon Trombay Police Station.

(c) Then they noticed dead body of Suresh Murav whose throat was slit. The dead body was found in the bed room. A knife was seen lying nearby. Soon thereafter, they saw the dead body of Dilshad Khan in the bathroom with his face submerged in milk crate filled with water. There were marks of strangulation around neck of Dilshad Khan.

(d) On the basis of the report filed by Nurul Hasan, Crime No. 167 of 2006 was registered at Trombay Police Station for the offence punishable under section 302 of the Indian Penal Code against unknown persons.

3. At the trial, prosecution has examined as many as 16 witnesses to bring home the guilt of the accused. The prosecution has placed reliance upon the evidence of PW-1 Nurul Hasan Khan, PW-2 Jilani Vasi Mirza, PW-3 Suraya Sakharkar, PW-4 Abdul Rashid Shaikh, PW-5 Munna Shaikh to substantiate involvement of the accused persons in the said offence.

4. PW-1 Nurul Hasan Khan has proved the contents of FIR on the basis of which the offence is registered. It is elicited in the cross-examination that he looks after the shop and he had stated so before the police. However, it does not find place in the FIR. There is no documents to show that the shop of Nadir Khan was being run by Akbar who happens to be the maternal cousin of Nadir. Khan Kirana Store consisted of ground plus one floor. The shop has two doors i.e. iron shutter on the west side and on south side there is wooden door. On the south side of the shop, it is surrounded by other shops.

5. It is the case of the prosecution that the accused No. 1 met PW-2 Jilani Vasi Hyder Mirza on 22.5.2006 at about 11 a.m. and had made an extra judicial confession to the effect that he was in love with Ms. Anjum, sister of Dilshad Khan. That on 21.5.2006 Mansoor and his associates visited the shop to talk to Dilshad. They requested Suresh Murav to look after the shop and they took Dilshad to the mezzanine floor. They questioned him as to why she was being married to some other person when they knew that she is in love with Mansoor. There was verbal altercation. Mansoor caught hold of him, whereas Shahjad gagged mouth of Dilshad so that he does not scream. Thereafter, Arman had given 2 to 4 fists blows on his chest and finally, Mansoor strangulated him with wire. The accused were conscious of the f