Evidence must establish all circumstances consistent with the accused's guilt, with no reasonable hypothesis of innocence possible, especially in cases of circumstantial evidence.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment and order dated 18.06.2021 passed by learned Additional Sessions Judge-I, Kangra at Dharamshala (learned Trial Court) vide which, the appellant (accused before learned Trial Court) was convicted for the commission of offences punishable under Sections 452 , 302, 382 and 201 of the INDIAN PENAL CODE (in short ‘IPC’) and was sentenced as under:

(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Sections 302 , 382, 449 and 201 of IPC. It was asserted that one Deepak informed the police telephonically on 19.04.2017 that Kamal Kaur residing as a tenant near Hanuman Mandir, Niazpur was crying for help and it was found after visiting her home that she was murdered by someone. The information was reduced into writing. An entry No.4 dated 19.04.2017 (Ext. PW22/H) was recorded in the Police Station. Gian Chand Thakur (PW29), HC-Kuldeep Singh (PW27), HHC-Kirpal Singh (PW7), and LC-Babli Devi (PW23), went to the spot to verify the correctness of the information. Sanjay Kumar (PW1) made a statement (Ext.PW1/A) stating that he was residing adjacent to the house of Ashok Kumar. Kamal Kaur, wife of late Praveen Kumar, was residing as a tenant in the house of Ashok Kumar. The informant-Sanjay Kumar went to sleep on 18.04.2017. His aunt-Krishana Devi (PW5) called him on 19.04.2017 at about 4-4:15 am and told him that Kamal Kaur was shouting in her room for help. The informant came out of his home and found that the residents of the area were calling Kamal Kaur. The informant and Vishal Kumar (PW6) went near the gate of Kamal Kaur and found that the gate was locked from inside. The informant and Vishal Kumar climbed up the corner of the house and found that the wire gauze door was shut and the light was switched off. Informant and Vishal opened the door and went inside the room. They switched on the lights and found Kamal Kaur lying dead. The blood was scattered on the bed and floor. Some unknown person had entered the room of Kamal Kaur and murdered her with a sharp-edged weapon. Gian Chand made the endorsement on the statement made by the informant and sent it to the Police Station, where FIR (Ext PW22/J) was registered. Gian Chand conducted the investigation. He prepared the site plan (Ext PW29/A). The photographs (Ext. PW15/A-1 to Ext. PW15/A-10) were taken. A blood-stained knife (Ext. P3)