The judgment emphasizes the necessity of a complete chain of circumstantial evidence to establish guilt, highlighting the distinction in the sufficiency of evidence against different accused.

JUDGMENT

Mehta, J. - The appellants Suresh and Prabhu lal have been convicted and sentenced as below vide judgment dated 28.09.2016 passed by the learned Additional Sessions Judge, No.2, Nimbahera, District Chittorgarh in Sessions Case No.26/2015 (52/2013):

2. Being aggrieved of their conviction and sentences, the appellants have preferred these appeals under Section 374(2) Cr.P.C.

3. Since both these appeals arise out of a common Judgment, they have been heard and are being decided together.

4. Facts relevant and essential for disposal of the appeals are noted herein below:

5. Mahaveer Singh (PW-1) submitted a written report (Ex.P/1) at the Police Station Bhadesar on 02.04.2013 alleging inter alia that his tube-well was located on the Bhadesar-Hoda Road near Dhaneshwar Mahadev Bus Stand. On the same day at about 06.30 AM., he had gone to his field where he saw that dead body of a young man was lying face down right besides the tube-well. Blood was splattered all around the dead body. The neck was cut by a sharp weapon and an incised wound was visible on the abdomen. The intestines were spilling out. On the basis of the report aforestated, an FIR No.48/2013 (Ex.P/42) came to be registered at the Police Station Bhadesar, District Chittorgarh for the offences under Sections 302 and 201 IPC.

6. The SHO Durga Prasad Dadheech (PW-29) proceeded to the spot; inspected the dead body and prepared the Fard Surathaal Lash (Ex.P/3). On the basis of a voter I.D. card recovered from the pocket of the deceased, he was identified as Pushkar lal son of Bhagwan Lai, resident of Napaniya, District Chittorgarh. A mobile phone found with the dead body, blood stained soil, control soil, a blood stained starter, the blood stained shirt of the deceased, his wrist watch, a brass kada and golden chain were all seized. The dead body was subjected to autopsy by a Medical Board which issued the Postmortem Report (Ex.P/28) and thereafter, the same was handed over to the family members for cremation. Statements of material witnesses were recorded during investigation and it came to light that Pushkar lal was lastly seen in the company of Prabhu lal who was arrested on 03.04.2013 vide arrest memo (Ex.P/44). Acting in furtherance of the in formations provided by the accused Prabhu lal under Section 27 of the Indian Evidence Act (Ex.P/47 and P/48), the I.O. Durga Prasad recovered a blood stained knife, a blood stained Saafi (used to clean blood) and the clothes, shoes, socks and a pea-cap worn by the accused at the time of the incident vide memos Ex.P/14 and Ex.P/31. During interrogation, Prabhu lal confessed that he was hired by Suresh (brother-in-law of the deceased) to murder Pushkar lal and that he had executed the evil design for personal gain. Prabhu lal further divulged that Suresh got Pushkar lal murdered so that he could usurp the land owned by the mother of the deceased. Suresh was also arrested on 18.04.2013 vide arrest memo Ex.P/45 and on the in formations provided by him to the I.O. under Section 27 of the Evidence Act (Ex.P/49), a motorcycle, purse, golden ear-studs and a brass ring, alleged to be of the deceased and said to have been handed over by Prabhulal to Suresh, were recovered (Ex.P/22 and Ex.P/20). The call details of the mobile phones of the accused, were procured. The accused Prabhu lal was subjected to test identification at the instance of the witnesses Mahaveer Singh and Mitthunath who claimed to have seen him and the deceased Pushkar lal together before the murder. The I.O. concluded after investigation that the accused Suresh had hired Prabhu lal and paid him money for killing Pushkar lal so that he could grab the agricultural land owned by the mother of the deceased. Accordingly, a charge-sheet came to be submitted against the accused appellants in the concerned court for the offences under Sections 302, 302/