Honble BALAKRISHNAN, J.–The five accused persons along with two others were tried by the Third Additional Sessions Judge of Bhojpur in Bihar. The Sessions Court acquitted the other two accused persons and convicted these appellants for the offences punishable under Section 302 read with Section 34, Section 376/511 and Section 201/34 I.P.C. and sentenced all the appellants to death. On appeal, the Division Bench of the High Court of Bihar confirmed the conviction of all the five appellants, but commuted the death penalty to imprisonment for life.

(2). The appellants were tried on the allegation that they had caused the death of a 12 years old girl by name Gudia Kumari. Gudia Kumari was a student of Class VIIth. On 6.11.1996, at about 9.30 AM. she left the house for the school but did not return home till evening. The members of her family started searching her but they could not find out her whereabouts, on that day. On the next morning, PW11 Satendra Singh, the brother of Gudia Kumari came to know that her dead body was lying in the field of one Ravi Shankar Pandey. PW9, the Sub-Inspector of Police, also came to know that the dead body was lying in the field and he went there along with the Deputy Superintendent of Police. PW 8, Dadan Singh gave statement to the police and on the basis of that statement, a case was registered against Bhushan Mahto, Madan Pandey and Bhuchai Mahto. PW9 conducted further investigation in the matter and Inquest was held over the dead body, and the dead body of Gudia Kumari was sent for post- mortem examination.

(3). PW-9 took statements of the witnesses and finally laid charge sheet against seven accused persons. On the prosecution side, 10 witnesses were examined and on the defence side, 3 witnesses were examined. There is no direct evidence to show as to how Gudia Kumari was done to death by the assailants. The learned Sessions Judge relied on the various circumstantial evidence and found these appellants guilty of the offences and the said finding was confirmed by the High Court.

(4). We heard Shri Sushil Kumar, learned Senior Counsel for the appellants and Mr. Saket Singh, learned Counsel on behalf of the State. On a careful analysis of various items of evidence relied on in this case, we are of the view that the Sessions Judge seriously flawed in coming to the conclusion that these appellants were guilty of the offence of murder. It is a settled principle that in the case of circumstantial evidence, the various circumstances should be able to form a chain pointing to the guilt of the accused. In cases where there is only circumstantial evidence, the Court has to consider the evidence adduced by the prosecution and decide whether the evidence proves particular facts relevant for the purpose of the case and when such facts are proved the question arises whether the facts are capable of giving rise to any inference of the guilt of the accused person or not. An inference of guilt can be drawn only if the proved fact is wholly consistent with the guilt of the accused and certainly he is entitled to the benefit of doubt if the proved fact is consistent with his innocence.

(5). The law relating to circumstantial evidence, in clear and unmistakable terms, has been laid down by this Court in various decisions and it is sufficient to quote statement of Law made by this Court in Tanviben Pankajkumar Divetia vs. State of Gujarat (1):-

``The principle for basing a conviction on the basis of circumstantial evidence has been indicated in a number of decisions of this Court and the law is well settled that each and every incriminating circumstance must be clearly established by reliable and clinching evidence and the circumstances so proved must form a chain of events from which the only irresistible conclusion about the guilt of the accused can be safely drawn and no other hypothesis against the guilt is possible. This Court has clearly sounded a note of caution that in a case depending largely upon circumstanti

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