In cases based on circumstantial evidence, the circumstances must be fully established and consistent only with the hypothesis of the guilt of the accused.

JUDGMENT

Sangita Dhingra Sehgal, J. - By the present Leave Petition filed under Section 378(1) of the Code of Criminal Procedure (hereinafter referred to as ''Cr.P.C.'') the State seeks leave to appeal against the judgment dated 25.09.2019 passed by Additional Sessions Judge-04, North West District, RohiniCourts, New Delhi, whereby the respondent (accused before the Trial Court) was acquitted of the offences punishable under Sections 393/302/411 of the Indian Penal Code (hereinafter referred to as ''IPC'').

2. The brief facts of the case, as stated by the learned Trial Court are reproduced as under:

"...that on receiving of DD No.12A, SI Umesh Rana along with Ct. Prakash reached the spot where Sh. Mahadev Prasad Sahu met him and he gave his statement to the effect that he was permanent resident of VPO Kakardob, PS Loukahi, District Madhubani, Bihar and at present he was residing at G-30, 3rd floor, JJ colony, Shakurpur, Delhi as a tenant at the house of Gopal. He was working as a driver at Hisariya Transport, Lawrence Road, Delhi. His co-villager Surat Lal Sahu aged about 55-60 years used to reside at H. No. G-7, 2nd Floor, Shakurpur, Delhi and he was in the business of lending money in small amounts. He and some other persons resident of his village and his neighbouring village used to visit Surat Lal Sahu for sending money to their family members residing at their native villages. They used to give money to Surat Lal Sahu and in turn Surat Lal Sahu used to send money to their family members and their family members used to collect that amount from the native house of Surat Lal Sahu at Bihar. On 07.12.2012 at about 10pm, he received a phone call of BechanSahu S/o Surat Lal Sahu and he informed him that he is unable to contact his father on telephone and asked him to go to the house of his father to see him. He informed BechanSahu that at that time, he was at Rai Sonepat. BechanSahu telephonically contacted him number of times that night but his transport vehicle could not be unloaded in the night at Rai Sonepat as such, he returned Delhi and reached home next day morning i.e. on 08.12.2012 at about 09.30am. Thereafter, he called his landlord Gopal and then he and Gopal went to the house of Surat Lal Sahu i.e. G-7, 2nd floor, Shakurpur, Delhi. There they found a lock on gate of balcony and when they peeped through the main gate, they saw that the door of room was found bolted from outside and one pair of shoes belonging to Surat Lal Sahu were lying outside the gate of room and one mobile phone was also lying outside the gate of the room. After seeing this, landlord Gopal broke open the lock of the gate of balcony and also opened the bolt (Kundi) of the room and then they saw that Surat Lal Sahu was lying dead on the cot which was there in the said room and one towel of red color was found tied around his neck and specs were there on his eyes. Some coins and currency notes were lying near Surat Lal Sahu. He dialed number 100. On the basis of said statement, the present case vide FIR No. 478/12, u/s. 302 IPC was registered at PS Subhash Place."

3. After completion of investigation, charge sheet was prepared under Section 392/302/411 IPC against the respondent. After hearing arguments on charge, vide order dated 21.05.2013, charge under Section 393/302/411 IPC was framed against respondent, to which the respondent pleaded not guilty and claimed trial.

4. In order to bring home the guilt of the respondent, the prosecution examined 40 witnesses in all. After completion of the prosecution evidence, statement of respondent has been recorded under Section 313 Cr.P.C., wherein he claimedhimself to be innocent and stated that nothing has been recovered at his instance. Case property has been planted upon him by the IO and he was forced by the police to sign some blank papers and printed proformas. He had not made any disclosure statement and he never led the police to any place at any point of time. He was not having any money transactio