Important Point—Judgment of conviction cannot be based on shaky evidence.

1. In both the appeals filed under Section 374(2) Cr.P.C. the appellants are assailing the validity of the judgment dated 24.8.2006 passed by the learned Addl. Sessions Judge (FT) No. 1, Bhilwara in Sessions Case No. 34/2006 whereby all the three accused appellants were convicted for offence under Section 302/34 and 460/34 IPC and following sentence was passed against them:

Under Section 302/34 IPC	Life imprisonment with fine of Rs. 2,000/- and in default of payment of fine to further undergo two months imprisonments.
Under Section 460/34 IPC	Seven years RI with fine of Rs. 1,000/- and in default of payment of fine to further undergo one month imprisonment.

2. Brief facts of the case are that on 27.12.2005 at 12.00 pm, the complainant PW--1 Hukam Singh submitted a written report (Ex. P/1) at Police Station Kareda, District Bhilwara alleging therein that he is doing the work of selling milk in village Gajuna, today in the morning at about 7.00 am I went to the house of deceased Sobha Lal S/o Gulab Chand Mahajan for distributing milk, I raised my voice loudly to call him, to take milk but no response came from the house, the door of house and rooms were opened. At that time, the neighbor Sajjan Singh also came there and called "Sethji Sethji" but no response came from the house. Number of villagers came on spot and informed the police by telephone. One Suresh Jain and police officials entered in the house and found that dead body of Sobha Lal was lying on cot and articles of house were scattered and as per his information, the wife of Sobha Lal just day before went to village Bemali. The deceased Sobha Lal was not having any issue and living in the house with his wife and on the date of occurrence he was alone in the house, therefore, assailants entered in the house in night and after killing him took away the ornaments and other articles of Sobha Lal and ran away.

3. Upon aforesaid complaint, FIR No. 111/2005 was registered against unknown persons under Section 460 IPC at Police Station Kareda on 27.12.2005 and investigation was commenced.

4. During investigation, site was inspected by the police and after usual investigation the statement of prosecution witnesses were recorded and body of the deceased Sobha Lal was taken to the Government hospital, Asind for post mortem where post mortem was conducted by the medical board and report (Ex. P/24) was prepared and handed over to the police for investigation. During investigation the accused appellants were arrested by the police on the basis of recovery of golden ornaments, coins, currency note, pass book and RC book. The typed stamps and other articles were also recovered vide Ex. P/99, P/11 and P/12. One knife and motor cycle Hero Honda Deluxe was also recovered during investigation as per information given by the accused appellants under Section 27 of the Evidence Act.

5. After post mortem, the dead body of the deceased was handed over for cremation to the family members vide Ex. P/14. The accused appellant Ghanshyam, Praksh and Gaffur Mohd were arrested vide Ex. P/17, P/18 and P/19 respectively. The proceedings by dog squad was also executed vide Ex. P/28 and all the recovered articles were sent for chemical examination of the FSL and ultimately after completion of investigation, charge-sheet was filed against the accused appellants in the court of Judicial Magistrate, First Class, Mandalgarh on the basis of circumstantial evidence of recovery because no direct evidence was found.

6. The learned Magistrate committed the case for trial to the court of District & Sessions Judge, Bhilwara from where, the case was transferred to the court of Addl. District & Sessions Judge (FT) No. 1, Bhilwara for trial.

7. The learned trial court after providing an opportunity of hearing framed charge against the accused appellants for offence u