The main legal point established in the judgment is the reliance on direct evidence, including eyewitness testimonies, forensic reports, and weapon recovery, to prove the case beyond reasonable doubt.

Sudhanshu Dhulia, J.—

1. All these appeals arise out of a judgment and order dated 9.10.2006 passed by the Sessions Judge, Nainital in S.T. No.108 of 2003, State Vs. Pawan Kumar @ Pappu and others, whereby the accused Pawan Kumar @ Pappu, Raj Kumar @ Raju and Nanhe Singh have been convicted under Sections 302/34 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/- and in default, to undergo six months’ simple imprisonment. Each of them was further convicted u/s 201 IPC and sentenced to undergo three years’ R.I. with fine of Rs.5,000/- and in default, to undergo three months’ simple imprisonment.

2. Brief facts of the case are that complainant Sanjay Jaiswal @ Sanju was in Jail having been convicted in a crime under the NDPS Act. He remained in Jail from February 2002 till 28.5.2003. As soon as he was released from jail on 28.5.2003, he reached his house at Haldwani where he found his wife missing. Thereafter, he proceeded to Pilibhit where his mother was residing to enquire about the whereabouts of his wife where he was informed that more than a year back (when the complainant was in jail), his wife had gone to meet Pawan Kumar @ Pappu (elder brother of complainant) in order to get some money. And she never returned Taking this clue from his mother, the complainant reached the house of Pawan Kumar on 31.5.2003 where he was informed by the wife of Pawan Kumar that almost a year back, i.e. in the month of April 2002, his wife (i.e. Sanju’s wife) had come to their house demanding some money from her husband, i.e. Pawan Kumar @ Pappu, and she was murdered by Pawan Kumar along with his associates, Raj Kumar @ Raju and Nanhe Singh. Getting this information, immediately an FIR was lodged on 31.5.2003 itself by complainant Sanjay Jaiswal @ Sanju at P.S. Haldwani, Distt. Nainital under Sections 302/201/307/506 IPC. Thereafter, on the same day, accused Raj Kumar and Nanhe were arrested by the police. At the relevant time, Pawan Kumar was languishing in jail, having been convicted in a crime under the NDPS Act.

3. Thereafter on the pointing out of accused Nanhe Singh and Raj Kumar, a human skeleton allegedly of deceased Soni was recovered near railway track in Gola river. The pieces of bones were collected in a bag and sent for chemical examination.

4. After that the Police filed chargesheet against all the three accused under Sections 302/201/307/506 IPC. Thereafter the Special Judicial Magistrate, Nainital committed the case for sessions on 15.9.2003.

5. In all, the prosecution examined eight witnesses. The chief witnesses here would be PW1 Kamla Devi (wife of accused Pawan Kumar), PW2 Sanjay (complainant) and PW3 Dolly (minor daughter of accused Pawan Kumar and PW1 Kamla Devi).

6. P.W.1, who was an eyewitness to the incident, in her examination-in-chief fully corroborated the story of prosecution and elaborated what had happened on the first night of “Navaratra” in the year 2002 (which fall in the month of April). She stated that accused Pawan Kumar is her husband, second accused Raj Kumar @ Raju is her “Devar” (brother-in-law) while third accused “Nanhe” works for them and runs their ‘Thela’ (a cart on which wares are exhibited and sold). She further stated that complainant is also her brother-in-law while his wife, i.e. deceased Soni was her sister-in-law (Devrani). Before the incident, her sister-in-law Soni used to come at her place and demand money from her husband Pawan. The reason being that her husband had sold off a property at “Durga” Colony for a sum of Rs.2.50 lakh and the deceased was demanding her share out of this property from accused Pawan Kumar. On the first day of “Navratra” in the month of April, 2002, at about 8:30 PM, Soni came again to her house demanding money from her husband. Another reason for demanding this money by Soni was that her husband Sanjay was in Jail and hence, she required some funds. Accused Pawan Kumar told Soni that he will arrange the money and asked her to stay in th

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