Circumstantial evidence must be cogently established and form a complete chain pointing to guilt; mere suspicion cannot replace proof beyond reasonable doubt.

Headnote:(A) Criminal Procedure Code, 1973 - Section 378(4) - Appeal against acquittal - Application for leave to appeal against judgment of acquittal dated 20.02.2023 - The prosecution's case was based on circumstantial evidence, which was found insufficient to establish guilt beyond reasonable doubt. The court emphasized that suspicion cannot replace proof. (Paras 10, 12, 13, 17, 19)

(B) Circumstantial Evidence - Requirements - The circumstances must be cogently established, point towards guilt, form a complete chain, and be inconsistent with innocence. (Paras 13, 17)

Facts of the case:
The case involved the murder of Ram Mukat and Ashok Kumar, with the prosecution relying on circumstantial evidence, including the discovery of their bodies and various recoveries made from the accused. The accused were acquitted due to insufficient evidence.

Findings of Court:
The court found that the prosecution failed to establish a direct link between the accused and the crime, leading to the acquittal of the accused.

Issues: The main issues included the sufficiency of circumstantial evidence and the credibility of witness testimonies.

Ratio Decidendi: The court ruled that the circumstantial evidence presented was not sufficient to establish guilt beyond a reasonable doubt, adhering to the principle that the accused is presumed innocent until proven guilty.

Result: Application for leave to appeal is dismissed.

JUDGMENT :

Mr. Jasjit Singh Bedi, J.:- The present application under Section 378(4) of Cr.PC has been filed for grant of leave to appeal against the judgment of acquittal dated 20.02.2023 passed by Additional Sessions Judge, Karnal.

2. As per record, the offence was committed in the year 2018, the FIR came to be registered on 05.01.2018. The judgement of acquittal was recorded on 20.02.2023. The leave to appeal was filed in 2024 and has come up for hearing today.

3. The brief facts of the prosecution case are that on 5.1.2018, SI/SHO of Police Station Sadar, Karnal received a telephonic message from Shiv Charan, Incharge, Police Post Ramba that a dead body was lying underneath the soil in village Salaru at Taprana Road on the kacha rasta which lead to village Darar. On receipt of this information, the SI/SHO alongwith HC Manjeet Singh, HC Constable Vijay Kumar and driver HC Sat Narayan reached at the spot. Shri Darpan Kamboj, Tehsildar, Nilokheri was appointed as Duty Magistrate for the exhumation proceedings. The scene of crime team was also informed. Raj Kumar, Photographer, Police Lines, Karnal was also directed to reach at the spot. Thereafter, Shri Darpan Kamboj, Dr. Krishan Kumar, SSO, Kurukshetra alongwith his staff, Raj Kumar and the Photographer reached at the spot. In the presence of the Duty Magistrate, the dead body was exhumed. The photography and videography was done at the spot. The scene of crime team investigated and found the dead body to be of a male. The right hand and right leg of dead body were tied with a separate cloth and left hand and left leg were tied with a separate cloth and the mouth was also found tied. Though efforts were made for identification of the dead body from the people present at the spot but they could not identify it. The Sarpanch Palvinder Singh of village Salaru got recorded his statement that he had received an information that in this village on the passage (kacha rasta) which leads to village Taprana near fields of Beer Singh son of Sangara, resident of village Saralru, a deadbody was lying underneath the soil. The dead body was of an unknown person whose hands, legs and mouth were tied and marks of injuries had been present on it. It seems that in order to destroy the evidence, after committing murder of the person, the dead body had been buried underneath the earth. It was thus prayed for taking legal action against the accused persons.

4. During investigation, SI Baksha Singh had conducted proceedings under section 174 Cr.P.C. and the post mortem examination of dead body was got conducted in KCGMCH, Karnal. After post mortem examination, the doctor had handed over to him one sealed parcel containing the viscera, another sealed parcel one vial containing two teeth, two sealed parcels containing clothes, a sealed parcel containing an envelope and one sample seal which were taken into possession vide recovery memo and the case property was deposited with the MHC. On 12.1.2018, SI Baksha Singh received secret information that Jai Kumar, Soni, Gurvinder and Vinod alias Harsh had committed murder of an unknown person. Thereafter, he conducted search of the said accused persons. On 17.1.2018, SI Baksha Singh received a telephonic call from the SHO of Police Station Sadar, Karnal that accused Jai Kumar had surrendered before the learned Illaqa Magistrate. Thereafter, SI Baksha Singh alongwith other police officials moved an application before the learned Illaqa Magistrate for joining accused Jai Kumar in the investigation of this case. The accused was arrested and on interrogation, he suffered a disclosure statement admitting the commission of the crime and disclosed that the tralla was driven by the deceased. On 17.1.2018, the clothes of the deceased Ram Mukat were identified by Raj Pal and Vicky and SI Baksha Singh recorded their statements. On 18.1.2018, SI Baksha Singh received information from SHO, Police Station Sadar, Karnal that one deadbody was lying in the canal in the area of