The prosecution must prove every link in the chain of circumstances by leading clinching evidence, and the circumstances should be consistent with the hypothesis of guilt and exclude every possible hypothesis except the one to be proved.

JUDGMENT

Mehta, J. - The appellant herein has been convicted and sentenced as below vide judgment dated 12.01.2016 passed by learned Addl. Sessions Judge, Merta in Sessions Case No.52/15 (20/12):-

2. Briefly stated facts relevant and essential for disposal of the appeal are noted herein below:-

Shri Asharam (PW.4) submitted a written report (Ex.P/4) to the SHO PS Degana on 03.06.2012 alleging inter alia that his two daughters Sampu Devi and Chhoti Devi had been married to Kailash and Sanwar Ram @ Ashok, sons of Jeevan Ram respectively. A male offspring was born to Smt. Chhoti Devi from her wedlock to Ashok. For the last 4-5 years, the matrimonial relatives i.e., her husband, sister-in-law and brother-in-law had been maltreating Smt. Chhoti Devi. She was often beaten up and turned out of the house. Once, her husband tried to kill her. The informant would often convene Panchayats for pacifying the accused and for settling the strife. However, Ashok Kumar was indulged in an illicit affair with his sister-in-law Smt. Teeja Devi and thus, he did not desist from his foul behaviour and often insinuated that he was not desirous of keeping Smt. Chhoti Devi and would kill her. Four months ago, strife took place between the accused and Smt. Chhoti Devi on which, the complainant went to Chhoti Devi’s matrimonial home and tried to settle the matter. On 01.06.2012, his daughter Chhoti Devi had gone to the field at about 9 O’ Clock in the morning. The accused Ashok @ Sanwar Ram, Jethani Smt. Teeja Devi and brother-in-law Hari Ram followed her. They strangled her in the room constructed near the well and threw the dead body inside the well, covered it and put stones thereupon. Thereafter, the accused called the complainant and conveyed that his daughter had gone missing. The accused took the complainant and his family members to the well on 02.06.2012 late in the afternoon and when the complainant and his family members looked inside, they could see the dead body and police were informed. However, darkness had fallen and thus, the dead body could be taken out in the morning on 03.06.2012. It was alleged that Ashok Kumar, Teeja Devi and Hari Ram killed Smt. Chhoti Devi by strangling her and threw the dead body in the well.

3. On basis of this report, an FIR No.141/2012 (Ex.P/18) came to be registered at the Police Station Degana for the offences punishable under Sections 302, 201/34 of the IPC and investigation was commenced. The dead body of Smt. Chhoti Devi was subjected to autopsy by a Medical Board constituted at the Government Hospital, Degana which carried out the procedure and issued a post-mortem report (Ex.P/18). The Board opined that the cause of death of Smt. Chhoti Devi was obstruction caused to the respiratory tract owing to pressure on neck associated with other ante-mortem injuries which were sufficient in the ordinary course of nature to cause death.

4. Spot proceedings were carried out. Statements of witnesses were recorded. Smt. Sampu Devi, being the younger sister of the deceased and the sister-in-law of the accused appellant alleged that the accused was involved in an extra-marital affair with her sister-in-law Smt. Teeja Devi and that he used to maltreat Chhoti Devi on this account. Chhoti Devi had gone to the field on the day of the incident. The accused Ashok followed her and killed her. The accused-appellant was arrested on 04.06.2012 and since then, he continues to be in custody. A charge-sheet came to be filed against the accused appellant Ashok Kumar in the Court of magistrate concerned for the offences punishable under Sections 302 and