The prosecution failed to prove the guilt of the appellants beyond a reasonable doubt, leading to their acquittal in a murder case stemming from unclear circumstantial evidence.

JUDGMENT :

Rajani Dubey, J.

Since both these appeals arise out of the judgment of conviction and order of sentence dated 20.2.2015 passed by learned 6^th Additional Sessions Judge, Raipur in ST No.307/2013, they are being disposed of by this common judgment. By the impugned judgment, each of the appellants stands convicted & sentenced as under:

Both the sentences were directed to run concurrently.

02. Case of the prosecution, in brief, is that on 25.7.2013 at around 3 am dead body of a female was found on the railway track, Tekari by the police which was identified by PW-1 Lalram Janghel as the body of his daughter Nandani Verma. On his report, Dehati Merg Ex.P/1 was registered. PW-1 informed that the deceased was married to accused Gajendra Verma and they were residing in a rented house at Tekari colony. On 24.7.2013 Gajendra informed him about missing of the deceased, so he came by train to Mandar and here he came to know that dead body of a female is lying on the railway track, Tekari. On 15.10.2013 Sub Inspector of Police Station – Vidhan Sabha along with staff went to Mandar Tekari in connection with enquiry into Merg No.30/2013 and upon enquiry from a hooligan namely Shakil Ahmad, he informed that on 24.7.2013 accused Kamal @ Bittu Verma came on a black color Pleasure vehicle (a bike) near Entertainment Club and disclosed that he finished someone and while doing so, his right wrist was bitten and also showed the bite marks. Upon interrogation, accused Kamal @ Bittu confessed the crime and disclosed that out of greed for money he in association with Gajendra Verma, husband of the deceased Nandani Verma, committed her murder by strangulation and thereafter threw her dead body on the railway track. He also stated that for doing this, he obtained Rs.45,000/- from Gajendra Verma in three installments as also obtained the gold and silver ornaments worn by the deceased. Later, accused Gajendra Verma was also taken into custody and he too confessed his guilt in his memorandum. On being produced by accused Kamal @ Bittu Verma, the bills pertaining to sale of ornaments of the deceased to Ghasiram Jewellers, Mandar and Jagriti Jewellers, Dhaneli, were seized. Thereafter, the police also seized the bill books of these jewellers. After preparing inquest memo Ex.P/3, the dead body was sent for postmortem to Community Health Center, Dharsiva where PW-13 Dr. NK Lakda conducted postmortem on 25.7.2013 vide Ex.P/24 and opined that the cause of death is coma and hemorrhagic shock and asphyxia due to badly crushed and cutting of head from the body. In his opinion, prima facie the death appears to be accidental. After completing usual investigation, charge sheet was filed against the accused persons under Sections 302, 201, 34 of IPC followed by framing of charges accordingly by learned trial Court which were abjured by them and they prayed for trial.

03. In order to substantiate its case the prosecution examined 25 witnesses in all. Statements of the accused persons were recorded under Section 313 of CrPC wherein they denied all the incriminating circumstances appearing against them in the prosecution case, pleaded innocence and false implication. However, no witness was examined by them in their defence.

04. After hearing counsel for the respective parties and appreciation of oral and documentary evidence on record, the learned trial Court convicted and sentenced the accused/appellants as mentioned in para 1 of this judgment. Hence these appeals.

05. Learned counsel for the appellant Gajendra Verma would submit that the impugned judgment is per se illegal and contrary to the material available on record. Learned trial Court without there being any legally admissible evidence held the nature of death of the deceased homicidal whereas the autopsy surgeon (PW-13) has opined in the