The main legal point established in the judgment is the requirement for the prosecution to prove its case beyond reasonable doubt, especially in cases involving serious offenses such as murder.

JUDGMENT :

Heard Mr. A.K. Kashyap, learned senior counsel for the appellants and Mrs. Priya Shrestha, learned Special P.P.

2. Since all these appeals are directed against a common judgment, hence they are being disposed of by this common order. So far as the appellant no. 2 in Cr. Appeal (D.B.) No.313 of 2014 is concerned, he has died during the pendency of the appeal and therefore the appeal preferred by him has abated.

3. These appeals are directed against the judgment of conviction dated 25.02.2014 and order of sentence dated 1.3.2014, passed by Shri Ram Babu Gupta, learned Additional Sessions Judge-II, Garhwa in Sessions Trial No. 53 of 2012/S.T. Case No. 135 of 2012, whereby and whereunder the appellants have been convicted for the offences punishable under sections 302/120B and Section 379 of the Indian Penal Code and have been sentenced to undergo imprisonment for life along with a fine of Rs.5,000/-each for the offence punishable under sections 302/120B IPC and in default of payment of fine to undergo simple imprisonment for six months as also to undergo rigorous imprisonment for three years and to pay a fine of Rs.2,000/-each for the offence punishable under section 379 IPC and in default in payment of fine to undergo simple imprisonment for two months. Both the sentences are to run concurrently.

4. A written report was submitted by Nurul Hoda Ansari on 20.7.2011, in which it has been stated that the marriage of his son Gulab Nabi Ansari was solemnized with Reshma Khatoon, daughter of Mohiuddin Ansari. Mohiuddin Ansari lives with his family in Garhwa Dakbunglow. Reshma Khatoon was also staying with her father. It has been stated that on 16.7.2011, Reshma Khatoon had called Gulab Nabi Ansari to Garhwa Dakbunglow but due to rains Gulab Nabi Ansari could not visit the said place. On 19.7.2011, Reshma Khatoon had once again called the son of the informant to her parents’ place and on repeated insistence of Reshma Khatoon, the son of the informant along with his brother Kausar Ansari went to Garhwa Dakbunglow. Kausar Ansari after leaving Gulab Nabi Ansari at Garhwa Dakbunglow came back to his house in the evening and disclosed that Gulab Nabi on the advice of his brother in law Aasif Ansari, his wife and his parents in law had left on a vehicle to Sidhe, the reason being to purchase some articles needed for the Bidai of the bride. It has been alleged that when in the morning, the informant went in search of his son to Garhwa Dakbunglow, Mohiuddin Ansari stated that his son is missing since night. Later on, the informant came to know that a dead body is lying in Sidhe and when he went he recognized the dead body as that of his son Gulab Nabi Ansari. He suspected that Reshma Khatoon, her parents, Aasif Ansari and Sharafat Ansari had committed the murder of his son.

5. Based on the aforesaid allegations, Garhwa P.S. Case No. 256 of 2011 was instituted for the offence punishable under sections 302/34 IPC against Reshma Khatoon, Mohiuddin Ansari, the wife of Mohiuddin Ansari, Aasif Ansari and Sharafat Ansari. On completion of investigation, chargesheets were submitted against the named accused persons and after cognizance was taken, the cases were committed to the court of sessions where they were registered separately as S.T. No. 53/2012 and S.T. No. 135/2012. On their amalgamation vide order dated 19.03.2012, charge was framed against the accused persons for the offences punishable under sections 302/120B and 379 IPC, which was read over and explained to the accused to which they pleaded not guilty and claimed to be tried.

6. The prosecution has examined as many as eleven witnesses in support of its case. P.W-1-Khushdil Ansari has stated that the incident had taken place nine months back. He had gone to his inlaws place along with his wife Jaibun Bibi and at night, his brother Nurul Hoda had called up his brother in law and informed him that Gulam has gone to his inlaws place at Garhwa to bring some provisions along with his brothe