The main legal point established in the judgment is the requirement for a complete chain of evidence in cases based on circumstantial evidence to exclude the possibility of innocence of the accused.

Guman Singh, J.-Challenge in this appeal is to the Judgment dated 25.08.2003 of the learned Additional Sessions Judge (Fast Track), Kishangarhbas (Alwar), whereby Rajesh and Suresh, appellants herein, were convicted and sentenced as under :

Under Section 302/34 IPC :

to suffer imprisonment for life and fine of Rs. 1,000/-, in default to further suffer additional simple

imprisonment for three months.

Under Section 394/34 IPC :

to suffer rigorous imprisonment for 10 years and fine of Rs. 1,000/-in default to further suffer simple

imprisonment for three months.

Under Section 201/34 IPC :

to suffer rigorous imprisonment for 7 years and fine of Rs. 500/-, in default to further suffer additional

simple imprisonment for two months. The substantive sentences were ordered to run concurrently.

2. Briefly stated the prosecution case is that on 27.02.2001, a written report was lodged by Sarlaram S/o Foolaram Gujar, resident of village Tejpur at Police Station Mundawar, District Alwar whereby it was reported that on 22.02.2001, his brother Ramesh had gone to Sodawas by Tata Sumo (Jeep) DL 1 CE 5205 but he did not return. He was searched in all relations where he could be found but with no trace. So, a report about his disappearance was made to the police. On 26.02.2001, the local police sent an information that a dead body was lying in the mustard field at jungle of Rajwada. So, the informant along with Giraj, Sarpanch went with the police and recognised the dead body of Ramesh having ligature marks around the neck. The informant apprehended that Ramesh was put to death as a result of the conspiracy hatched by Prabhati S/o Moola, Banwari, Rameshwar, Jagdish, Ramsharan and Rohitash all son of Prabhati, Prakash S/o Banwari resident of Tejpur and Sukhveer Jat resident of Haryana State and settled at village Tejpur and Tata Sumo vehicle DL 1 CE 5205 was also taken away by them.

3. On the basis of the report, a case under Sections 302, 379/147 and 120-B/201 was registered and the investigation commenced. During the investigation, the Panchayatnama of dead body (Exhibit P. 1) was drawn. Site map of the place (Exhibit P. 3) of recovery of dead body from the mustard field of Moolaram, was prepared and photographs (Exhibit P. 11 to Exhibit P. 16) were taken. Post mortem (Exhibit P. 43) of the dead body was conducted. The death was found to be due to strangulation. The vehicle Tata Sumo was seized in the case on 04.07.2001 (Exhibit P. 18). Papers found in the vehicle were also seized (Exhibit P. 19). The accused Rajesh was arrested on 11.09.2001 (Exhibit P. 52). His test identification was conducted in the jail vide memo

Exhibit P. 7 and Exhibit P. 9. Accused Rajesh led to the place where he had a halt at Dharamshala at Sodawas on 21.02.2001 (Exhibit P. 24). The register of the Dharamshala was seized (Exhibit P. 25). The cord used to strangulate deceased Ramesh was recovered from the jungle of Rajwada (Exhibit P. 26). Accused Rajesh also led discovery of the place where the vehicle Tata Sumo was abandoned (Exhibit P. 31). Accused Rajesh also led to the mustard field where the dead body of deceased Ramesh was thrown (Exhibit P. 22). He also led to the liquor shop and the hotel (Exhibit P. 23) where they purchased liquor and had their dinner on 21.02.2001. He also led to the place on Chironi road where deceased Ramesh was put to death by putting cord around his neck (Exhibit P. 28). Accused Rajesh also led to the recovery of number plate of Tata Sumo vehicle from his house (Exhibit P. 29). A diary belonged to accused Rajesh was recovered from his house in his presence vide Exhibit P. 31. Accused Rajesh also led to the place where a sky colour bag was purchased from Bawal Chowk Bus stand shop (Exhibit P. 20).

4. Accused Suresh was arrested on 112.2001 (Exhibit P. 21). The test identification of accused Suresh was held vide memo Exhibit P. 8, Exhibit P. 10 and Exhibit P. 42. He led the police to the Dharamshala where he stayed (Exhibit P. 47), the bus s