IMPORTANT POINT
The judgment underscores the necessity for a complete and unbroken chain of circumstantial evidence to secure a conviction in criminal cases.

JUDGMENT :

Mr. N.S. Shekhawat, J.

The appellants have preferred the present appeal against the impugned judgment of conviction dated 14.07.2003 and order of sentence dated 16.07.2023 passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Sonepat, whereby the appellants have been convicted and sentenced as under:-

2. As per the case of the prosecution, the FIR Ex.PA/1 was registered in the present case on the basis of the statement Ex.PA, which was made by Ved Prakash son of Pokar Dass and the same reads as under:-

“It is stated that I am resident of above said address. My mother Chameli Devi is the Sarpanch of the Village. On 2.11.2001 at about 6.30 p.m. Master Shanti Sarup s/o Sadhu Ram Goswami resident of above said address came to me at house. He told me that Bablu s/o Roshan Lal caste Jogi R/o Kheri Tagga aged 10 years was playing with the children near Guga Peer Meri. Bablu etc, and children saw from the hole of the wall that a Baba aged 65-66 years was lying dead on the cot who had been living there from 5-6 months. I, alongwith Shanti Sarup, Rajinder Singh Panch, Hukmi Chowkidar reached at Gugga Peer Meri. The room was found locked. After breaking the lock, it was found that baba was lying dead on the cot. The inflicted injuries were found on his chest, abdomen, right temple and on the palm of the right hand. In the night some unknown person has murdered the baba with the knife. After committing the murder, the door has been found bolted and locked from outside. I was going for lodging the report after leaving master Shanti Sarup etc. for the safeguard of the dead body….”

3. After recording the statement of the complainant Ex.PA, ASI Ram Avtar went to the place of occurrence situated at village Kheri Taga and found the dead body of an unknown monk (sanyasi). The initial investigation was conducted at the spot and the dead body was shifted to Civil Hospital, Sonepat for examination. On 03.11.2001, post-mortem examination was conducted by Dr. Arun Garg and Dr. Varsha. Since nobody claimed the dead body for two days, the dead body was handed over to Municipal Committee, Ganaur for cremation and the dead body was cremated. On 09.11.2001, the ration card Ex.P1 and the receipt Ex. P2, which were found in a bag lying in the room where the occurrence had taken place, were handed over by Ved Prakash to ASI Pritam Singh, which were taken into possession by the police. As per the ration card, it was issued to Ram Sanjivan and his family members and the receipt was issued by Cooperative Store, situated at Rai Bareilly. UGC Nafe Singh was sent to village Paithana, District Rai Bareilly to make inquiries there, so that the identity of deceased might be established. UGC Nafe Singh met Virender Tiwari son of Ram Sanjivan Tiwari at village Paithana and showed him the ration card Ex.P1 and receipt Ex P2. Virender Tiwari came to village Kheri Taga on 13.11.2001 and after seeing the photographs Ex.P3 to Ex.P5, he identified the deceased as his father i.e. Ram Sanjivan Tiwari. The statement of Virender Tiwari was also recorded by the police, who stated that his father Ram Sanjivan Dass Tiwari was living at village Bahalgarh in the year 2001. On the request of residents of village Kheri Taga, Ram Sanjivan Dass started performing the duties of a priest (Pujari) at village Medi Guga Peer and started residing there. Ram Sanivan Dass once told him that he was being harassed by Ranbir Singh and Joginder Singh, res