The judgment emphasizes the reliance on circumstantial evidence to establish guilt and the application of legal principles related to the assessment of evidence in criminal cases.

Since all the above four appeals arise out of the same judgment and order and similar ques­tion of fact of law is involved, they are being decided by this common judg­ment.

All the appeals arise out against the common judgment and order 13.5.2004 passed by Additional Sessions Judge/F.T.C.VI Dehradun, in Sessions Trial No. 33 of 2003, State v. Ramesh and others, whereby the learned Sessions Judge convicted accused/appellants Ramesh, Ram Manohar and Jai Chandra under sections 396, 412, 201, I.P.C. The Sessions Judge while convicting the said accused/appellants under section 396 I.P.C. sentenced them to undergo life imprisonment and fine of Rs. 10,000/- each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. The Sessions Judge while convict­ing the said accused/appellants under section 412 I.P.C. sentenced them to un­dergo rigorous imprisonment for ten years and fine of Rs. 10,000/- each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. The Sessions Judge while convicting the said accused/appellants under section 201 I.P.C. sentenced them to undergo rigor­ous imprisonment for three years and fine of Rs. 10,000/- each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. All the sentences were directed to be run concurrently.

2. Accused/appellants Ram Manohar and Jai Chandra have pre­ferred Criminal Jail Appeal No. 248/2004 and Criminal Jail Appeal No. 316/2004 respectively through jail, ac­cused/appellant Ramesh has preferred Criminal Appeal No. 70/2005, while State has preferred Government Appeal No. 117/2005 for enhancement of sen­tence.

3. Prosecution story in brief is that on 25.11.2002 complainant Saroj Bala lodged a report at P.S. Kotwali to this effect that on 25.11.2002 at 1.00 p.m. when she reached to the house of her brother Mukesh Kumar resident of 26, Arhat Bazar, she came to know that shop of his brother was closed since previous Friday. The complainant asked Surendra about the whereabouts of Mukesh, he told that he had seen her brother along with his family going in a marriage ceremony on Sunday at 8.00 p.m. The complainant also enquired from other persons and accompanied her brothers Raj Kumar and Anil Kumar from her aunt's house. Then she took the key of shop from porter Ashapal and after opening the lock they entered into the shop where bad smell was com­ing out. On search, dead bodies of her brother Mukesh Kumar, brother's wife Nilam and their two children Siddarth and Yash were found lying in decom­posed condition in the backside room and household items were found scat­tering. On enquiry it came to know that two porters whose names were Phool­chand s/o Dujjan and Viddan s/o un­known residents of Seervai P.S. Hus-sainganj, District Fatehpur, were also missing for the same day and it is sure that they along with others committed robbery in the house and committed murder of her brother, bhabhi and chil­dren. The F.I.R. of the said incident was lodged on 25.11.2002 at 3.20 p.m. under section 302/394 at police station, which was registered as Case Crime No. 752/2002. The autopsy on the dead body of the deceased persons was con­ducted on 26.11.2002 at District Hospi­tal, Dehradun. During investigation ac­cused Ramesh, Ram Manohar and Jai Chandra were arrested and looted cash and jewellary were recovered from their possession. From the possession of ac­cused Ramesh, six silver coins, out of .them five coins were having impression of Laxmi Canesh at one side and one coin was having impression of Adverd VII at one side; two golden rings, on of them was having 2.6 gms. weight and costing to Rs. 1,200/-, while another ring was.having 3.0 gms. weight and costing to Rs. 1,500/-, w.ere recovered and recov­ery memo was prepared vide Ext. Ka.29. Further, from the possession of the ac­cused Ram Manohar, four golden bangles weighing