Murder conviction on circumstantial evidence requires complete unbroken chain excluding innocence; absent proof of foundational facts like last seen together and court direction, appellants entitled to acquittal despite motive.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Above captioned appeals are arising out of common judgment. Hence, taken together for hearing.

2. We have already heard Mr. Aditya Kumar Choudhary, learned counsel for the appellants as well as Mrs. Nehala Sharmin, Special Public Prosecutor.

3. Instant criminal appeals are directed against the common judgment of conviction and sentence dated 20.01.2003, passed by learned Additional Sessions Judge-F.T.C. No.2, Deoghar in Sessions Trial No.16 of 2001, whereby and whereunder, the appellants have been held guilty for the offences under Sections 302/201/34 of the I.P.C. and sentenced to undergo imprisonment for life for the offence under Section 302 of the I.P.C. and directed to undergo S.I. for 06 months under Section 201 of the I.P.C. All the sentences were directed to run concurrently.

Factual Matrix

4. Factual matrix giving rise to these appeals is that the daughter (Rekha Devi) of the informant was married with Kishore Pandit about 10 to 12 years prior to occurrence and has been blessed with a child aged about 08 to 10 years. It is further alleged that the husband (Kishore Pandit) of the daughter of the informant had solemnized second marriage and since then, started subjecting his first wife (Rekha Devi) with cruelty and harassed her by torturing, therefore, the daughter of the informant filed a complaint case no. 233 of 1999 under Section 498A of the I.P.C. against her husband before Deoghar Court and started living at her parental home. It is further alleged that on 15.07.2000, date was fixed for hearing in the aforesaid complaint case filed by the daughter of the informant before Deoghar Court, where both parties along with other co-accused persons were present and on oral direction of court Rekha Devi proceeded with her husband to her matrimonial home on assurance that she will be kept with all dignity and honor. Accordingly, the complainant Rekha Devi left the Court at about 04:00 PM on 15.07.2000 and proceeded to her matrimonial home at village Sarkanda. It is further alleged that on 16.07.2000, in between 11:00 to 12:00 hours in night, informant came to know from one Ayodhya Pandit that the accused persons had not taken Rekha Devi to matrimonial home rather they have killed her in the way and thrown the dead body into a well at Chandi Dih Bahiyar. In order to verify the above information about the murder of his daughter and after finding the aforesaid information correct, the informant has lodged F.I.R.

5. On the basis of above fardbeyan of the informant (Prayag Pandit) Jasidih (Kunda)P.S. Case No 128 of 2000 was instituted against all the appellants namely Gulam Pandit, Sudama Devi, Vasudeo Pandit, Shambhu Pandit and Kishor Pandit for the offences under Sections 302/34/201 of the Indian Penal Code dated 17.07.2000, but other co-accused persons namely Panda Pandit, Raghunath Pandit and Bhola Pandit were not sent up for trial.

6. After conclusion of investigation charge-sheet was submitted for the offence under Sections 302/34/201of the I.P.C.

7. The case was committed to the court of sessions for trial where appellants pleaded not guilty and claimed to be tried.

8. In order to prove the charges against the appellants, the prosecution has examined 14 witnesses and apart from oral testimony of witnesses following documentary evidences were al