IMPORTANT POINT
The prosecution must establish a complete chain of circumstances and motive in murder cases; failure to do so warrants acquittal.

JUDGMENT :

Ananda Sen, J.

The appellant has preferred this appeal against the Judgment of Conviction dated 6th December, 2017 and Order of Sentence dated 8th December, 2017 passed by the Additional Session Judge-IX, Palamau in Sessions Trial No.189 of 2004, whereby the appellant has been convicted for offence punishable under Sections 302/201 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and fine of Rs.20,000/-and in default of payment of fine to undergo further simple imprisonment of 06 (six) months for the offence under Section 302 of the Indian Penal Code and has been further sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.20,000/-and in default of payment of fine to further undergo simple imprisonment of six months for the offence under Section 201 of the Indian Penal Code.

2. Learned counsel for the appellant submits that the prosecution has not been able to prove the charges against the appellant beyond all reasonable doubts. He submits that in all 9 witnesses were examined by the prosecution to prove the charges against the appellant, out of whom P.W.1, P.W.2 and P.W.3 were declared hostile, P.W.8 is a doctor who has identified the signature and handwriting of the doctor who had conducted and had prepared the postmortem report and P.W.9 is the investigating officer. He submits that rest of the witnesses are all interested witnesses being the relatives of the deceased. He submits that the investigating officer had not seized any blood stained earth nor had recovered the murder weapon. He submits that the deceased went missing since 22.09.2003 and the dead body was recovered on 01.10.2003 and from 22.09.2003 till 01.10.2003 no complaint whatsoever was lodged about missing of the deceased. He submits that there is no eye witness to the occurrence and the chain of circumstances is also not complete in this case to convict the appellant. Thus, he submits that it is a fit case for acquittal of the appellant.

3. Learned A.P.P. for the State submits that though out of total nine prosecution witnesses, three turned hostile, yet through the evidence of remaining witnesses the prosecution has been able to bring home the charges against the appellant beyond all reasonable doubts, thus, the Trial Court has rightly convicted and sentenced the appellant. He submits that on being pointed out by the appellant, the dead body of the deceased was recovered from a nala (drain) at Mangra Pahaar and the clothes and slippers of the deceased too were recovered from nearby. He submits that the doctor in the postmortem report has opined that the deceased died due to strangulation. Thus, the Trial Court has rightly convicted the appellant and sentenced him.

4. We have gone through the records and have gone through the entire evidence. 5 Kailash Yadav (P.W.5), in his fardbeyan, as informant, has stated that he was informed by co-villager Lalu Yadav over phone on 27.09.2023 that his son Naresh Yadav (deceased) went to Chhatarpur Market on 22.09.2023 at about 08.00 a.m., but he did not return. On receiving such information, the informant rushed to his village in the next morning on 28.09.2003 and reached his village at about 08.00 a.m.. He started searching his son at Chhatarpur Market, but did not get any clue. In the evening, the informant could come to know through his family members that on 22.09.2003, his son Naresh Yadav was seen moving in Chatarpur Market along with co-villager Bigan Yadav and Bigan Yadav too was missing since that very day. Thereafter, the informant along with his other son, co-villager Dasarath Yadav, his brother, Vilash Yadav (a relative) and others went to village Dishka, PS Dumariya, Distt. Gaya where they caught Bigan Yadav, who informed them that Punit Yadav, who is staying at his sister’s house at Village Tandwa can throw light on this issue. Then the informant and his companions took Bigan Yadav to village Tandwa and caught Punit Yadav (appellant). The