In circumstantial evidence cases, the prosecution must establish a complete chain of evidence beyond reasonable doubt; any significant gaps create doubts favoring the accused.

JUDGMENT :

Jasjit Singh Bedi, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 10.09.2003 passed by the Additional Sessions Judge, Fast Tract Court, Ludhiana.

2. The instant FIR came to be registered on 31.05.1999. The accused-appellant came to be convicted vide judgment of conviction and order of sentence dated 10.09.2003. The present appeal against the judgment of conviction and order of sentence was filed on 29.01.2004. The matter has come up for final hearing now after almost 26 years of the registration of the FIR.

3. The brief facts of the case as advanced by the prosecution are that on 31.05.1999, one Kewal son of Bishan Dass Resident of Gali No.4, Dashmesh Nagar, Ludhiana made a statement to the police that they were four brothers namely Thakar Dass, Ved Pal, Sohan Lal and the complainant himself. Sohan Lal was working as a Beldar in Irrigation Department, Sub Division, Nawan Shahar and was residing alongwith his family in Dashmesh Nagar, Nawan Shehar. He was living with his wife Mamta Rani and 3 children. Adjoining to their house, Som Nath alias Vishal son of Sarwan Ram resident of village Kidna, Police Station Garhshankar, District Hoshiarpur was also residing, who was working in a Scooter repair shop at Garhshankar. The said Som Nath developed illicit relations with Mamta Rani wife of Sohan Lal and in October, 1998 he kidnapped Mamta Rani alongwith three children. The said Som Nath started residing at Ludhiana alongwith Mamta Rani and children. When Sohan Lal came to know about it, he came to Ludhiana on 01.11.1998 to know the whereabouts of his wife and children. However, he did not come back to Nawan Shehar. Sohan Lal was being traced and various applications were given to the police officers and then the complainant came to know that his brother Sohan Lal had been taken away by Som Nath alias Vishal son of Sarwan Singh, Anil Kumar alias Sonu son of Darshan Kumar and Sonu Sharma son of Kishor Chand to a liquor Ahata and all of them took liquor there and thereafter, they took Sohan Lal to some unknown place for killing him. The complainant stated that Sohan Lal as well as accused persons were seen taking liquor in a Ahata by Tarlok Chand son of Ramesh Chand resident of Ludhiana who disclosed the said fact to him on the date of recording the FIR.

4. After recording the statement of Kewal Krishan, a formal FIR was registered Under Section 364 /34 IPC. Thereafter investigations were conducted during which it was found that Sohan Lal had been thrown away on the Railway Line and he was injured by a Railway train. He was taken to Civil Hospital, Ludhiana by Constable Surjit Singh No. 810 on the night of 1/2-11-1998. His admission in the hospital was done at about 7.45 A.M. and he expired at 8.25 A.M. He was examined by Doctor Gurcharan Singh, Medical Officer, Civil Hospital, Ludhiana. He also intimated the police about the incident. The Post Mortem of Sohan Lal was got done in the civil Hospital, Ludhiana and the Post Mortem Report was obtained on the file. The accused were arrested and during the investigations the accused Som Nath made a disclosure statement Exh.P-D whereupon he got recovered one silver 'Karrah' (Bangle) belonging to Sohan Lal from a concealed place which was taken into custody vide recovery memo Exh.P-E. The site plan was drawn, other documents were taken into possession, Inquest Report was prepared, statements of the witnesses Under Section 161 Cr.P.C. were recorded and after the completion of the investigation, the challan was presented in the court for the trial of the accused.

5. On commitment, charges were framed against the accused under Section 302 IPC. The ac