The evidence must prove the guilt of the accused beyond reasonable doubt, and circumstantial evidence must form a complete chain pointing only to the guilt of the accused.

S. Muralidhar, J.

These four appeals are directed against the judgment dated 24th August 2016 passed by the learned Additional Sessions Judge-III, North District, Rohini Courts, in SC No. 57394/16 arising out of FIR No.157/2010 registered at PS Alipur whereby the four Appellants herein were convicted for the offence under Section 302/34 IPC. These appeals also seek to assail the order on sentence dated 19th September 2016 whereby each of the four convicted Appellants was sentenced to imprisonment for life along with fine of Rs.10,000/- each and in default of payment of fine, to undergo simple imprisonment for one year each.

2. At the outset, it requires to be noticed that with the Appellants having already undergone more than 7 years of incarceration at the time of admission of these appeals, all four of them have been granted suspension of their sentence subject to terms by separate orders passed in each of their appeals.

3. The charge was that at around 9 pm on 18th May 2010, in front of the MCD Park, at the vacant plot of Mool Chand Rohila, Alipur Garhi, the four Appellants, i.e. Neeraj Mann (A-1), Sunil @ Sonu (A-2), Subhash (A-3), and Inderjeet (A-4), in furtherance of their common intention, committed the murder of Ashok Kumar (‘the deceased’) and threw away his dead body so as to cause the evidence to disappear and to screen themselves from punishment and thereby committed an offence punishable under Section 302/201/34 IPC.

Discovery and identification of body

4. The criminal justice process was activated when DD No.32A was recorded at PS Alipur at 6:44 pm on 21st May 2010 about a highly putrefied dead body being found at a vacant plot near the MCD Park at Alipur Village, near the transformer and that the dead body was under several stones.

5. SI Mukesh Kumar (PW-18) reached the spot accompanied by Ct. Sanjeev Singh (PW-1) and Ct. Vijender (PW-15). According to PW-18:

“There was a vacant plot of Mool Chand Rohilla wherein two heap of dung cake were there and near the said heap of dung cake the cow dung was lying where one naked dead body of a male was found lying having its face towards earth and some bricks and rope were found lying on the dead body and it was in highly putrefied condition.”

6. The name Ashok Kumar was tattooed on the right hand of the dead body. Inspector Dinesh Kumar Sharma (PW-19), the then SHO of PS Alipur also reached the spot. The endorsement made on DD No.32A and the rukka prepared was handed over to PW-1 for registration of the FIR. The crime team also reached there and took photographs. A private photographer took photographs on the directions of the SHO and SI Sanjay Gade (PW-7).

7. After PW-1 reached the spot with a copy of the FIR, the SHO took into possession four bricks having the mark of ‘SKB’ inscribed on them in a plastic bag. The thin rope bundle was also taken into possession in a polythene bag. A bunch of hair lying under the head of the dead body was also seized. A rough site plan (Ex.PW-18/A) was prepared by the SHO at the instance of PW-18. This rough site plan simply showed the cow dung heap and the place where the dead body was found with letter ‘A’. This vacant plot was on the other side of the road opposite the MCD Park.

8. According to PW-19, the IO in the present case, at around 9 pm, one Basant Kumar (PW-11) arrived at the spot. He informed PW-19 that his brother Ashok has not returned home since 18th May 2010. The description of the dead body matched the description given by PW-11 with regard to his missing brother Ashok. PW-18 and PW-11 were then sent to BJRM Hospital. After returning, PW-11 told PW-19 that the dead body was indeed that of his missing brother Ashok. According to PW-19, at that time, PW-11 informed the IO that he had last seen his brother on 18th May, 2010 at around 9 pm in the company of A-1 to A-4 at the bus stand of Dayal Market, Alipur. The statement of PW-11 under Section 161 Cr PC was recorded by PW-19. Thereafter, accompanied by PW-18, PW-11, and o