The prosecution must establish credible and complete evidence, including last seen evidence, to prove guilt beyond reasonable doubt.

JUDGMENT

Anish Dayal, J.

1. These appeals have been filed assailing the impugned judgment dated 30th July, 2020 passed by the learned Trial Court convicting the appellants for offence punishable under Section 302/120B IPC and additionally convicting appellant Yashu for offence punishable under Section 25 of Arms Act. The appellant Sunil was acquitted of the offence punishable under Section 25 of the Arms Act.The appeals also assail order on sentence dated 11th August, 2020 sentencing the appellants to life imprisonment for offence punishable under Section 302/120B IPC and fine of Rs. 20,000/- (SI for one year in default of payment of fine) and appellant Yashu to three years for offence punishable under Section 25 Arms Act and fine of Rs. 10,000/- (SI of six months in default of payment of fine).

The Incident

2. As per the case of the prosecution, the deceased girl Nitika, aged about 21 years, student of B.A. final year, stepped out of her home Mundka for her college in Bawana at about 9:00 a.m. As per her father PW-3 Vijender Singh, when he went to close the door of the house, he saw that appellant Yashu and Sunil were standing in front of parchun (grocery) shop of Sunil. In the meantime, Vineet also came in a white Swift car bearing no. 3335 and all three were talking with each other when PW-3 went inside the house. Since, his daughter Nitika did not return by 3-4:00 p.m. from her college,he became worried, and started searching for her but could not trace her. His brother PW-14 Kuldeeep Singh got a missing report lodged in Bawana Police Station. At about 2:30 p.m. on 15th September, 2009, PW-3 received a telephone call on his mobile no. 9810535131, and an unknown caller informed him that appellant Yashu Son of Rajbir had shot his daughter and further informed that the body has been disposed of accordingly. Upon asking the caller about his identity, he initially refused to disclose but on PW-3's insistence, mentioned he was one Vikram speaking from Kurukshetra. PW-3 then called PCR and stated these facts to police. When the PCR came after about 20-25 minutes,they went to what was stated as being Yashu's house in the neighborhood of PW-3's house. Since the main gate of the premises was locked with an iron chain, the police broke it open and entered where they saw a pistol in the courtyard with a magazine, a white/cream car color standing there. In another locked room inside, they found a black polythene bag which had the dead body of Nitika, who seemed to have been shot in the temple near the eye. FIR No. 375/2019 was registered at 6:28 p.m. on 15th September, 2009 at P.S. Nangloi and an investigation pursued. The appellants were arrested on different dates and chargesheet was filed for offencesunder Section 302/120B/34 of IPC and Section 25 of Arms Act. Charges were framed against all the appellants for committing murder of Nitika in pursuance of criminal conspiracy. The accused pleaded not guilty and claimed trial. The prosecution examined 29 witnesses in support of their case, statements of the appellants were recorded under Section 313 Cr.P.C. and no evidence was led in defence.

Submissions on behalf of the Appellant

3. Learned Senior Counsel appearing for Sunil Kumar in CRL.A. 498/2020 led the arguments and submissions were predominantly adopted by the counsels of the other two appellants. It was essentially submitted that the prosecution had been unable to prove the guilt of the appellants beyond reasonable doubt, since there was no incriminating evidence found against the appellants and the conviction by the learned Trial Court had been handed down based on conjecture and surmises. It was highlighted that even the testimony of PW-3 father of the deceased, could not be treated as last seen evidence, since what he alleged as having seen was that the three appellants met near his house on the day when his daughter had left for college, but had not seen them accompanying or pursuing his daughter. Moreover, it was apparent fr