IMPORTANT POINT
The prosecution must establish a complete and unbroken chain of circumstantial evidence to prove guilt beyond reasonable doubt; failure to do so results in acquittal.

JUDGMENT :

Pushpendra Singh Bhati, J.

1. By way of the instant criminal appeal, the appellant-State has laid a challenge to the judgment dated 11.05.1994, passed by the learned Sessions Judge, Bhilwara in Sessions Case No.124/92 (State of Rajasthan v. Bahadur Singh and Ors.), whereby the accused-respondents were acquitted of the charges against them under Section 302 read with Section 34 of IPC, while extending them the benefit of doubt.

2. At the outset, Mr. C.S. Ojha, learned Additional Government Advocate appearing on behalf of the appellant-State drew the attention of this Court towards the order dated 23.02.1996 passed by a Coordinate Bench of this Hon’ble Court, which reflects that on

count of demise of the respondent No.3 herein, the instant appeal qua her stood abated on the said date itself.

2.1. Accordingly, the present adjudication is made only to the extent of surviving accused-respondents No.1 & 2, namely, Bahadur Singh and Gopal Singh, respectively.

3. The matter pertains to an incident which has occurred in the year 1992 and the present appeal has been pending since the year 1995.

4. Brief facts of the case, as placed before the Court by learned Additional Government Advocate appearing on behalf of the appellant-State, are that one Jor Singh presented an oral report on 02.06.1992 before the Reserve (Aarakshi) Centre, Badnor, District Bhilwara, stating therein that his house was situated at a short distance from the house of Gheesa Singh (deceased herein) and that on the said date, in between 10 and 11 am he heard the sister of Gheesa Singh shouting that someone has killed her brother, sister-in-law and niece. Thereupon, the informant as well as other villagers gathered along with the then Sarpanch (Prem Singh) and went to the house of Gheesa Singh, where they saw the dead body of the deceased lying on the cot and the bedding was completely blood-stained. Gheesa Singh’s wife Sita was lying on the floor and there was blood all around her and his daughter Radha, aged around 6 years old was also lying dead on the cot. Gheesa Singh’s neck had a cut due to weapon injury, apart from other injuries. His daughter had an injury on her face.

5. On the basis of the aforementioned information, an FIR was registered under Section 302 of IPC. After investigation, the police filed the charge-sheet against the accused-respondents. The learned Trial Court framed the charges against the accused-respondents under Sections 302 r/w 34 IPC. The charges were read over to the accused-respondents, which they denied and claimed to stand the trial and the trial commenced accordingly.

6. During the course of trial, the prosecution produced witnesses (PW-1 to PW-25) and got exhibited documents (Ex. P-1 to Ex. P-63); whereafter, the accused-respondents were examined under Section 313 CrPC, wherein the accused respondents pleaded innocence and their false implication in the criminal case in question.

7. Thereafter, upon hearing the contentions of both the parties as well as considering the material and evidence placed on record, the learned trial Court, vide its impugned judgment dated 11.05.1994 acquitted the accused under Sections 302/34 IPC, against which the present appeal has been preferred on the behalf of the appellant-State.

8. Learned counsel appearing for the appellant-State submitted that in the present case, even though there is no direct witness to the incident in question, there are circumstances which point towards the guilt of the accused-respondents, which is manifest from the previous strained relations between the deceased and the accused-respondents, arose due to the second marriage solemnized by Gheesa Singh (deceased), whereafter, a dispute pertaining to property also ensued between the parties.

8.1. Learned counsel further submitted that the causation of the murder was attributable to the accused-respondents, as this causal link is established between the deceased and the accused-respondents through the element of motive, which in t