In criminal cases based on circumstantial evidence, every link in the evidence chain must be fully established, with a complete narrative supporting the conclusion of guilt; mere suspicion is insufficient.

JUDGMENT :

Ravindra Kumar Agrawal, J

1. All the above Three Cases i.e. Criminal Appeal No. 717 of 2021, Criminal Misc. Petition No. 816 of 2021 and Acquittal Appeal No. 224 of 2021 are arising out of same Crime Number and Same Sessions Trial and therefore they are being decided together. The Criminal Appeal No. 717 of 2021 is against conviction of accused Vikas Jain and Ajit Singh. The Criminal Misc. Petition No. 816 of 2021 and Acquittal Appeal No. 224 of 2021 both are against acquittal of co- accused Kimshi Kamboj (Jain).

2. Criminal Appeal No.717 of 2021 arises out of the judgment of conviction and sentence dated 10/05/2021 passed by learned Sessions Judge, Durg, in Sessions Case No. 71/2016 whereby appellants Vikas Jain and Ajit Singh have been convicted for offences under Sections 302 read with Section 34 , 120-B and 201 of the IPC and sentenced for R.I. for life till biological life with fine of Rs.5000/-, R.I. for 5 years with fine of Rs.5000/- and R.I. for 7 years with fine of Rs.5000/- respectively and in default of payment of fine further R.I. for 1-1 year respectively. All the sentences are directed to run concurrently.

3. Criminal Misc. Petition No. 816 of 2021 is an application Under Section 3 78 (3) of the Code of Criminal Procedure, 1973, for grant of leave to appeal, has been filed by the State of Chhattisgarh, against the judgment of acquittal of co-accused Kimshi Kamboj (Jain) passed by the Sessions Judge, Durg, dated 10.05.2021, in Sessions Case No.71/2016 acquitting her from the offences under Section 3 02 read with Section 3 4, 120-B, 201 of the IPC.

4. Acquittal Appeal No. 224 of 2021 has been filed by the complainant/father of the deceased Under the proviso to 372 of The Code of Criminal Procedure, 1973, against the judgment dated 10.05.2021 passed by the Sessions Judge, Durg, in Sessions Case No.71/2016 whereby the co-accused Kimshi Kamboj (Jain) have been acquitted from charges under Section 302 read with Section 34 , 120-B and 201 of the IPC.

5. The Prosecution’s case in nutshell is that all the three accused persons have been hatched conspiracy to commit murder of Abhishek Mishra and in furtherance thereof they called Abhishek Mishra at Flat No.18, G-11, Chouhan Town, Bhilai, District Durg, for negotiation to the sponsorship of tennis league tournament and then assaulted him by iron rod on his head, gagged his mouth by clothes, wrapped his body by air bubble sheet, tied his hands and legs by rope and buried his dead body in the kitchen garden of House No. 12, Plot No. 80, Smriti Nagar, Bhilai.

6. Some of the undisputed facts of the case are that: -

(i) acquitted accused Kimshi Kamboj (Jain) is wife of accused Vikas Jain and accused Ajit Singh is uncle of the said acquitted accused Kimshi Kamboj (Jain),

(ii) acquitted accused Kimshi Kamboj (Jain) was employee of the Shankaracharya Engineering College, Bhilai, of which the deceased (Abhishek Mishra) was Director,

(iii) acquitted accused Kimshi Kamboj (Jain) has got married with accused Vikas Jain in the year 2014 and their marriage was inter-caste marriage,

(iv) before the marriage, she had left the employment of the deceased by giving resignation. On the date of incident the acquitted accused Kimshi Kamboj (Jain) had telephonic calls with the deceased,

(v) prior to the date of incident all the three accused persons have telephonic calls with each other,

(vi) the acquitted accused Kimshi Kamboj (Jain) and accused Vikas Jain were residing at Flat No.18, G-11, Chouhan Town, Bhilai.

7. The brief facts of the case are that on 10.11.2015, the complainant I.P. Mishra (PW-2), father of the deceased,