The judgment underscores the necessity of a reliable chain of evidence in criminal cases, particularly when relying on circumstantial evidence for conviction.

JUDGMENT

Sandeep Mehta, J. - The appellants Arti and Radheshyam have been convicted and sentenced as below vide judgment dated 20.07.2012 passed by the learned Additional Sessions Judge, No.2, Sri Ganganagar in Sessions Case No.4/2012:

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 hereinbelow:

5. Shri Vinod Sachdeva (PW-1) submitted a written report (Ex.P/1) to the SHO, Police Station Kotwali, Sri Gangangar on 23.12.2011 alleging inter alia that his elder brother Suresh Kumar, aged 38 years, used to live in Housing Board, Shyamnagar with his wife and children. He used to operate a lorry for selling eggs. In the night of 22.12.2011 at around 10.33 PM, he received a call from Mobile of Suresh Kumar (No.7877091535) who spoke in a frightened tone and stated that some was killing him. Suresh Kumar repeatedly asked him to come and thereafter, the call got disconnected. He tried to call Suresh Kumar again but could not succeed. He immediately picked up his motorcycle, reached the house of Suresh Kumar and asked his sister-in-law regarding whereabouts of Suresh Kumar on which, she informed that Suresh Kumar had gone out with someone. Shri Vinod Kumar then called Ashok Kumar, neighbour of Suresh Kumar and he along with his sister-in-law and Ashok Kumar, started searching for Suresh Kumar near the Shyam Nagar Puliya and the adjoining area. On reaching near the bushes, they saw the dead body of Suresh lying there with deep wounds on his head. He informed the 108 Ambulance. It was specifically alleged in the FIR that some unknown persons had murdered his brother.

On the basis of this written report, FIR No.584/2011 (Ex.P/2) came to be registered at the Police Station Kotwali Sri Ganganagar against the unknown persons for the offence punishable under Section 302 IPC. The investigation was undertaken by Mangla Ram, Sub Inspector (PW-15). It may be stated here that even before the FIR had been registered, a Q.S.T. message had been received at the City Control Room, Sri Ganganagar regarding a person having been murdered near the Shyam Nagar Puliya and Sub-Inspector Mangla Ram had already reached the spot. The mobile police van was also available at the spot. Vinod Kumar lodged the written report as above at the police station. The photography of the dead body and the adjoining areas was conducted. Blood stained soil and control soil were seized from the spot. The blood stained cap and the footwear worn by the deceased were picked up and seized from the spot. A pouch of red chilli powder was seen lying at the spot and the same was also seized. The I.O. returned to the Police Station and made entries (Ex.P/30A and Ex.P/31A) in the Rojnaamcha. It is relevant to mention here that when the Sub-Inspector Mangla Ram left the police station upon receiving the information of the murder, entry to this effect (Ex.P/34A) had been made at 11.05 pm. The entry regarding submission of the written report was recorded in the Rojnaamcha of the Police Station at 12.30 am. The dead body was forwarded to the Government Hospital, Sri Ganganagar for autopsy from where the postmortem report (Ex.P/33) was received. The blood stained clothes of the deceased were collected from the hospital. The dead body was handed over to the family members for cremation. On 23.12.2011, statements of witnesses were recorded. The I.O. claimed that he collected the mobile call details of the accused Radheshyam, complainant Vinod Kumar and Arti Devi (wife of the deceased)