Circumstantial evidence can establish guilt if it forms a complete chain pointing to the accused, even without direct evidence.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 27.11.2019 passed by learned Additional Sessions Judge, Hamirpur (learned Trial Court) vide which the appellants (accused before learned Trial Court) were convicted of the commission of offences punishable under Sections 302 and 201 read with Section 34 of Indian Penal Code (hereinafter referred to as IPC) and order dated 28.11.2019 vide which they were 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 against the accused for the commission of offences punishable under Sections 302 and 201 read with Section 34 of IPC. It was asserted that the police were informed by the control room, Hotel (1), that a dead body was lying beneath the bridge. The information was reduced into writing, and entry No.3, dated 13.06.2016 (Ext.PW24/A), was recorded. ASI Vinod Kumar (PW34), HC Vinod Kumar (PW23) and HHC Amar Nath (PW26) went to verify the correctness of the information. ASI Vinod Kumar (PW34) found one half-burned body wearing only underwear lying under a small bridge 129/1 on the Ghumarwin- Hamirpur Highway. Half of the left arm and left ear of the dead body were partly eaten by the animals. One nail was embedded on the forehead, and two nails were embedded on each soles of the feet. Tattoos of Prem Raj, Om Namah Shivaye and Om Jai Shankar appeared to be made on the arm. ASI Vinod Kumar (PW34) conducted the inquest and prepared the reports (Ext.PW34/A to Ext.PW34/C). He filed an application (Ext.PW23/A) before the Regional Hospital, Hamirpur, for conducting the autopsy of the dead body and sent the dead body along with the application to the Regional Hospital with HC Vinod Kumar (PW23). Dr Vijay Arora (PW33) conducted the postmortem examination of the dead body and found multiple injuries on it. He also found, after cleaning the right forearm, that a tattoo mark depicting ‘Prem Raj Singh, Gram Madhkar, Zila Rampur’ in Hindi was made on the arm. According to his provisional opinion, the cause of death was a cumulative effect of compression of the neck and subdural haemorrhage leading to compression of the brain as a result of injuries No. 1, 2, 3 and 6, which were sufficient in the ordinary course of nature to cause death. The probable time lapse between the injury and death was a few minutes. He issued the postmortem report (Ext.PW33/A). He handed over the postmortem report, original inquest papers, sealed jar, and sealed packet of cloth containing belongings of the deceased, including five nails. He also handed over a sealed envelope containing blood on gauze, three teeth, including one molar, in a vial for DNA profiling, Viscera, and the sample seal to the police official accompanying the dead body. ASI Vinod Kumar (PW34) prepared a rukka (Ext.PW31/A) and sent it to the Police Station, Hamirpur, through HHC Amarnath (PW26). FIR (Ext.PW31/B) was registered in the police station. ASI Vinod Kumar (PW34) clicked the photographs (Ext.PW16/A5 to Ext.PW16/A14) and prepared the spot map (Ext.PW34/D). He lifted the blood lying on the spot with the help of cotton in a small vial and sealed it in a separate parcel with three seals of ‘V’. He seized it vide memo (Ext.PW1/A). He lifted the sample of burnt cloth stained with blood and ashes and put it in a poly packet. He sealed the packet in a pa