The court affirmed that circumstantial evidence must form a complete chain proving guilt beyond reasonable doubt, reaffirming that these elements exclude other hypotheses.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. This appeal has been preferred for setting aside the judgment of conviction dated 03.01.2017 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 05.01.2017 (hereinafter referred to as the ‘impugned order’) passed by learned 3^rd Additional District and Sessions Judge, Araria (hereinafter referred to as the ‘learned trial court’) in Sessions Case No. 30 of 2015/ Trial No. 52 of 2016 arising out of Palasi P.S. Case No. 207 of 2014.

3. By the impugned judgment, the appellant has been convicted for the offences punishable under Sections 364 , 376, 379, 411, 302 and 201 of the INDIAN PENAL CODE (in short ‘IPC’) and by the impugned order, the appellant has been ordered to undergo life imprisonment for each of the offences under Sections 364 , 376 and 302 IPC. He has also been ordered to undergo imprisonment for seven years under Section 201 IPC. Further, he has been ordered to undergo three years each for the offence under Sections 379 and 411 IPC. The appellant has to pay a fine of Rs.50,000/-. All the sentences are to run concurrently.

Prosecution Case

4. The prosecution story is based on the fardbeyan of Farindra Ranjan Kumar (PW-9) recorded by SI Dhananjay Kumar, SHO Palasi Police Station on 12.09.2014 at 20:30 hours. In his fardbeyan (Exhibit ‘3’), he has stated that on 08.09.2014 at about 18:30 hours his wife, who was working as a Warden at Kasturba Gandhi Balika Awasiya Vidyalaya, Palasi, District-Araria left for home from Palasi but did not come. In this regard, on 09.09.2014, the informant lodged a Sanha that his wife (hereinafter called ‘victim/deceased’) was coming from Palasi by tempo but despite five days having been passed, there is no trace of his wife.

5. On the basis of this fardbeyan, Palasi P.S. Case No. 2007 of 2014 dated 12.09.2014 was registered under Section 364 /34 IPC against unknown persons. After investigation, Police submitted a chargesheet bearing No. 224 of 2014 dated 06.11.2014 against this appellant under Sections 364 , 376(A), 302, 201, 379 and 411 IPC. On the basis of this chargesheet, learned Chief Judicial Magistrate, vide his order dated 02.12.2014 took cognizance of the offences under Sections 364 , 376(A), 302, 201, 379 and 411 IPC and on 15.12.2014 committed the records to the court of sessions. After receiving the records, Sessions Case No. 30 of 2015/ Trial No. 52 of 2016 was registered. On 07.02.2015, charges were framed under Section 364 , 376(A), 302, 201, 379 and 411 IPC. Charges were read over and explained to the appellant in Hindi which he denied and claimed to be tried.

6. In course of trial, the prosecution examined as many as eleven witnesses and exhibited several documents to prove the prosecution case. The names of the prosecution witnesses and the exhibits are being shown hereunder in tabular form:-

List of Prosecution Witnesses:-

L