The sufficiency of circumstantial evidence and the establishment of a complete chain of circumstances to prove guilt beyond all reasonable doubt.

B.B. Mangalmurti, J.

1. As both the appeals arise out of the same Judgment, they are heard together and are being disposed of by this common Judgment.

2. Heard learned counsel for the appellants and learned counsel for the State.

3. The appellants are aggrieved by the Judgment of conviction dated 13.02.2009 and order of sentence dated 17.02.2009 passed the learned Sessions Judge, Dumka in Sessions Case No.224 of 2006 whereby the appellants have been found guilty for the offence under Sections 302/34 of the Indian Penal Code. On hearing on the point of sentence, both the appellants have been sentenced to undergo imprisonment for life and fine of Rs.5000/- for the said offence.

4. The case relates to death of murder of the daughter-in-law of the accused persons. The prosecution case was instituted on the basis of fardbeyan of Mantu Sen, the brother of the deceased, recorded by S.I., Vinod Kumar, Officer-in-Charge of Raneshwar P.S., Dumka at village Pathra on 22.11.2004 at 10.15 hours. According to the fardbeyan, his sister Seema Sen was having love affairs with his co-villager Rakesh Sharma, son of appellant Jiblal Sharma. As a result of which his sister became pregnant. His sister informed Rakesh about her pregnancy and requested for marriage, upon which Rakesh Sharma refused for the marriage. Deceased Seema Sen also narrated this fact before the mother of Rakesh Sharma being the other appellant Usha Rani Sharma. Usha Rani Sharma denied the request of marriage and said that as her son Rakesh Sharma cannot commit this, and false allegation is being levelled. Thereafter, informant and his family members got knowledge about it and then a panchayti was also held. According to the decision of the panchayti, the marriage of Seema Sen with Rakesh Sharma was held in the Shiv Mandir at Raneshwar (Dumka) about four months ago and his sister Seema Sen thereafter being called/addressed as Seema Sharma. Due to these reasons, the relationship between both the families became strained although both family were front door neighbors. The further case is that one month ago his sister Seema Sharma came in their house and stated that her husband, mother-in-law and father-in-law all the three are abusing and assaulting her and even they are not providing proper food as well as they are threatening that after killing her, they will perform another marriage of Rakesh Sharma. The further case is that on the last Sunday i.e. on 21.11.2004 at about 6.30 a.m. Rakesh Sharma along with his mother Usha Rani Sharma returned to their house from Dumka and thereafter since 7 a.m. they could hear the sound of quarrel from their own residence. The family members of informant came out of their house and heard the quarrel which was going on between his sister Seema Sharma, her husband, mother-in-law and father-in-law. All the three were using filthy languages and telling that she will be killed and they will perform another marriage of Rakesh Sharma. All the three were also telling Seema Sharma that your father and brother would also be killed. The quarrel continued for a longer time in the house of Rakesh Sharma but even after the hearing of all these quarrels, they became engaged in their own work. In the morning of 22.11.2004, they could know that his sister is dead in her house, then they went there and found that Seema Sharma was hanging with a rope tied with the ceiling of the house, but her both legs were half bent and touching the floor, and her mother-in-law and father-in-law and husband had fled away. It is apparent that Rakesh Sharma, Usha Rani Shama and Jiblal Sharma all in connivance had killed his sister Seema Sharma on 21.11.2004 in her house by pressing her neck from a rope and have hanged her body. Based on the above fardbeyan, Raneshwar P.S. Case No.86 of 2004 corresponding to G.R. No.1208 of 2004 was instituted for the offence under Sections 302/34 of the Indian Penal Code against accused Rakesh Sharma, Usha Rani Sharma and Jiblal Sharma an