The main legal point established in the judgment is the requirement to establish the guilt of the accused beyond a reasonable doubt, especially in cases based on circumstantial evidence.

Sunita Gupta, J.

1. Suresh @ Bona & Vikas @ Sunil seek to challenge the impugned order dated 30th January, 2010 and 6th February, 2010 whereby both the appellants were convicted for offence under Section 302/34 IPC and sentenced to undergo imprisonment for life and a fine of Rs.15,000/- each, in default of payment of fine to undergo rigorous imprisonment for six months each.

2. The factual matrix of the case is:-

3. On 17th September, 2007 on receipt of a telephone call from an unknown person at 10:25 pm regarding one person lying unconscious in front of shop No. 5632, Qutub Road near Hanuman Mandir and bleeding, DD No. 26A Ex. PW 2/A was recorded. The DD was handed over by Duty Officer to Constable Amit (PW-19) who handed over the same to ASI Ashwini Kumar (PW-13). ASI Ashwini Kumar along with Constable Amit Kumar reached the spot where Inspector Joginder Singh (PW-20) also reached, where they met one Chowkidar Veer Bahadur (PW-7) who informed them that one person was lying unconscious at Qutab Road and blood was oozing from his body. On reaching the spot, they found that one person aged about 27-28 years was found lying in front of Shop No. 5632 wearing white shirt with baniyan and white pant and blood was oozing from his nose and mouth. There was injury on his stomach at left side which seemed to be inflicted by some sharp weapon. The clothes were blood stained and the blood was also lying near the dead body on the ground. One TATA 407 No. DL 1 LB 1925 was also stationed near that person. Two bags of black and red colour were also lying near the dead body. No eye witness was available at the spot. As such, ASI Ashwini Kumar prepared Rukka (Ex. PW-13/A) and handed over the same to Constable Amit Kumar for registration of the case. FIR (Ex.PW 3/A) was recorded by HC Mehar Singh. After registration of the case, further investigation was handed over to Inspector Joginder Singh.

4. During the course of investigation, Inspector Joginder Singh called the crime team who inspected the scene of crime, took photographs and gave a report Ex. PW-8/A. Site Plan Ex. PW-20/A was prepared. Blood oozing from the wounds of the deceased, blood lying near the dead body, earth control, blood stained earth were seized vide seizure memos Ex.PW-4/G to Ex.PW-4/J. On search of the dead body and from the pocket of the baniyan, one passport, visa, one electronic ticket from Delhi to Abu Dhabi in the name of Richpal and cash of Rs.4000/- in the denomination of Rs.1000/-each, all bloodstained were recovered. From the pocket of shirt Rs.156/-in denomination of one currency note of Rs.100/-, Rs.50/-, one coin of Rs.5/- and one coin of Rupee 1/- were recovered. From the wearing pant one Nokia 1600 mobile phone was recovered. On checking the bags lying near the dead body, wearing clothes, daily use articles and four photographs were recovered. All the articles were seized vide separate Seizure Memos. Laxman Indoria, eye witness came at the spot. His statement was recorded. The dead body was sent to Mortuary of Maulana Azad Medical College through ASI Ashwini and Constable Amit. Inquest proceedings under Section 174 Cr.P.C. were conducted. After identification of the dead body and post-mortem, same was handed over to the relatives of the deceased.

5. It is further the case of prosecution that on 19th September, 2007, Inspector Joginder Singh received a secret information that the accused wanted in this case are present at the back side of MCD store near Railway line. On the pointing out of secret informer both the accused were apprehended, interrogated and arrested vide arrest memos Ex. PW-13/C and Ex.PW-13/D. They made disclosure statements Ex.PW-13/A and Ex.PW-13/B. They were taken to nearby police booth at Qutab Road near Hanuman Mandir Gali. After leaving accused Suresh @ Bona in the custody of HC Sadhu Ram, Inspector Joginder Singh along with ASI Ashwini Kumar took Vikas at his residence, i.e., 6461/1, Gali Hanuman Mandir. He got recovered one