The main legal point established in the judgment is that the prosecution must establish all the links in the chain of circumstances when relying on circumstantial evidence for conviction.

( 1 ) BOTH the criminal appeals are by the same appellant, Lal Singh Mati soy. Criminal Appeal No. 945 of 2004 has been preferred by him from jail. The appellant was tried along with four other accused who were arrayed as accused Nos. 2 to 5 before the Additional Sessions Judge, Fast track Court, Seraikela who faced charges under Sections 376 (2) (g), 302, 201/34 of the indian Penal Code. The appellant was also charged under Section 366, I. P. C. The trial court, finding the other accused not guilty, acquitted them of the charges and convicted this appellant alone for the offence under sections 376 (2) (g), 302 and 366, I. P. C. and he was sentenced to death.

( 2 ) ACCORDING to the prosecution, the allegation against the appellant and the other accused who were arrayed as accused Nos. 2 to 5 in the trial Court, is that on 16-5-2003 Lal Singh Mati Soy, who is the appellant in both the appeals, took away Surumai Godsora, the daughter of P. W. 5 and later she was gang raped and murdered.

( 3 ) THE trial Court, on the evidence adduced, while acquitting the other accused, found the appellant alone guilty under Sections 366, 376 (2) (g) and 302, I. P. C. On being found guilty the appellant was sentenced to eight years R. I. under Section 366, i. P. C. and also to pay a fine of Rs. 10,000/- for the offence under Section 376 (2) (g), I. P. C. and for the offence under section 302, I. P. C. he was sentenced to death. He was also sentenced to seven years R. I. and to pay a fine of Rs. 10,000/-under Section 201, I. P. C. In default of payment of fine, sentence of three years simple imprisonment under each count was also imposed upon the appellant by the trial Court.

( 4 ) AGGRIEVED by the aforesaid judgment of conviction and order of sentence, the above two appeals have been filed and Death reference No. 7/2003 is by way of reference by the trial Court seeking confirmation of the death sentence at the hands of this court. As the two appeals and the death reference arise out of a common Sessions trial, we are disposing them by passing the following common judgment.

( 5 ) P. W. 5 Balbhadra Godsora, is the father of the deceased Surumai Godsora. P. W. 1, Mansi Godsora is the younger sister of the deceased. The appellant and the prosecution witnesses including the deceased were residing at village Pathanmara. According to the prosecution, on 16-5-2003 the deceased Surumai Godsora along with Mansi godsora (P. W. 1) was out of house and later was seen by P. W. 1 near a hand pump talking with the appellant. The deceased informed P. W. 1 that she was going to marry the appellant. Thereafter, she left along with the appellant. P. W. 1 then returned home and informed her father P. W. 5 about the matter. As it is the custom in the community of P. W. 5 for the girls to marry a boy of their choice. P. W. 5 went to the house of the appellant on the next day but did not find the appellant. Later, on 19-5-2003, he once again went to the house of the appellant but again could not find her. When he was returning from the house of the appellant at about 2 p. m. , he saw a crowd in the field of Ram Rai. P. W. 5 proceeded to that place and found a dead body of a girl and identified the body as the body of his daughter from the clothes, chappals and other articles which were lying nearby. Information was lodged at the police station by P. W. 1 which is Ext. 5, the Fardbeyan, on the basis of which formal F. I. R. was recorded. P. W. 7, on taking up investigation of the crime, proceeded to the scene of occurrence, prepared seizure list, Ext. 7 and conducted inquest during which the witnesses were examined Ext. 6 is the inquest report. After inquest the body was sent to the hospital with a requisition requesting the doctor to conduct autopsy.

( 6 ) ON receipt of the requisition, P. W. 6 the Medical Officer conducted autopsy on the dead body of the deceased. He found fracture on the skull and fracture of mandible bone. He also noticed right lower limbs