IMPORTANT POINT
The judgment establishes that a conviction based solely on circumstantial evidence requires a complete chain of evidence linking the accused to the crime, and that confessions made to police officers are generally inadmissible unless they lead to the discovery of facts.

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

As the appellant Deva Nand Singh has been sentenced to death, a reference has been made by the Trial Court for confirmation of the said sentence giving rise to Death Reference No. 02 of 2022 under Section 366 of the Cr.P.C. As the aforesaid Death Reference and all the criminal appeals arise out of the same impugned judgment of conviction and the order of sentence passed by the Trial Court, they have been heard together and are being disposed of by the present common judgment and order. Hearing of these appeals have been expedited because of the death sentence imposed by the Trial Court.

2. These appeals have been preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, putting to challenge a judgment of conviction dated 22.02.2022 and an order of sentence dated 28.02.2022, passed by the learned Additional Sessions Judge-1, Rosera, Samastipur in Sessions Trial No. 261 of 2016, 227 of 2018 and 388 of 2018, CIS No. 97 of 2016, 946 of 2017 and 353 of 2018, arising out of Bibhutipur P.S. Case No. 223 of 2015, whereby the appellants have been convicted and sentenced as under:-

3. It is the prosecution's case that two young persons, deeply in love with each other were killed by the appellants as they were opposed to their relationship. A village Chowkidar Krishnadeo Paswan (PW-5) is the informant of the concerned Bibhutipur P.S. Case No. 223 of 2015, whose fardbeyan is the basis for registration of the said F.I.R. According to his fardbeyan he learnt on 06.11.2015 in the morning that dead bodies of a boy and a girl were hanging from a banyan tree at Kapan Chaur. On reaching the said place, he noticed two bodies hanging from one of the branches of banyan tree. A mobile phone was also found near the root of the tree. After he circulated the information, many people gathered there and identified the said dead bodies. The girl, whose dead body was found hanging, was the niece of the appellants Sudhir Kumar Singh and Deva Nand Singh. The Chowkidar (the informant) suspected it to be a case of murder, whereafter the dead bodies were hanged for hiding evidence. The said fardbeyan was recorded by the S.H.O., Chaturvedi Sudhir Kumar (PW-9) at 7:30 AM at the place where the dead bodies were found. Inquest report was prepared. Seizure list was also prepared in respect of seizure of a Nokia mobile phone with two SIMs. The FIR was registered against unknown. The dead bodies were sent for postmortem examination. The following antemortem injuries were found on the person of the deceased Deepak Kumar :-

"Externally :-(1) Rigor mortis present

(2) A postmortem ligature size about 4"X1" in front and both sides of neck (3) No external sign of injury was found (4) Abdominal distortion

Internally :-(1) All viscera were congested including brain (2) No vital reaction was found on dissection of nose below the ligature marks (3) No bruising or haematoma was found below the ligature mark (4) About 250