Point of Law: Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is found dead. It ought to be so minimal so as to exclude the possibility of any intervening event involving the death at the hands of some other person

JUDGMENT :

SAMIT GOPAL, J.

1. This Criminal Appeal has been preferred against the impugned judgment and order dated 28.11.2013 passed by the Additional Sessions Judge/Special Judge (SC/ST Act), Varanasi in Special Sessions Trial No. 260 of 2011, State of U.P. vs. Kaladhar Chaubey, whereby the appellant has been convicted and sentenced under Section 302 I.P.C. to life imprisonment with fine of Rs. 10,000/- and in default of fine to undergo further six months rigorous imprisonment, under Section 201 I.P.C. to three years rigorous imprisonment with fine of Rs. 2,000/- and in default of fine to undergo two months rigorous imprisonment and, under Section 3(2)(5) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to undergo life imprisonment and a fine of Rs. 10,000/- and in default of payment of fine to undergo six months rigorous imprisonment. Sentences have been ordered to run concurrently. It has further been ordered that the period of incarceration prior to the judgment shall be set off against the sentence of imprisonment.

2. The prosecution case as per the first information report lodged by Indrajeet PW-1 the first informant who is a resident of village Hathiyar, Police Station Cholapur, district Varanasi is that on 27.2.2011 at about 7.00 P.M. Kaladhar Chaubey came to his house and asked about his brother Santosh @ Pillu Rathore (Nut). In the meantime Santosh reached the house and then Kaladhar Chaubey asked him to accompany up to market and on his saying so both proceeded from the house on which the first informant asked Santosh as to where he was going, to which he replied that he is going to the market, where he has some work and will return soon. It is further stated that Santosh did not return till late night to the house and then the first informant and other persons went to the house of Kaladhar Chaubey where he did not give satisfactory reply and stated that Santosh after having tea went back and he does not know about him. It is then stated that then brother of the first informant Indrapal said that yesterday at about 9.00 PM both of them were consuming liquor at the country made liquor shop at Ajgara Gumti and Santosh was with you, on which he said that he does not know about him and went away. It is then stated that the first informant along with his friend and family members then started searching for his brother but could not know anything about him. Later, on 01.3.2011 at about 10.30 A.M. when they were going to the police station they met Shri Niwas Singh on the way who was told about the said incident on which he told that on 27.2.2011 at about 11.00 P.M. when he was returning to his house from brick kiln he saw Kaladhar Chaubey throwing some heavy thing in the well from which a sound of throwing of heavy item came and on seeing him, he quickly ran away and then expressed his suspicion and stated that they may see in the well as to whether Kaladhar Chaubey would have murdered their brother and threw him in the well, on which the first informant and many other persons reached at the well and saw that dead-body of Santosh was inside it and foul smell was coming out about which he informed the police of Police Station Cholapur. It is stated that the incident was committed in ‘orchard’ situated in village Chahin.

3. A first information report was got registered by Indrajeet on 1.3.2011 at about 14.30 hours under Sections 302, 201 I.P.C. and 3(2)(5) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The same is Ex.Ka-3 to the records. An application dated 1.3.2011 was given by Indrajeet for lodging of the F.I.R. which is marked as Ex.Ka-1 to the records and the same has been registered as Case Crime No. 40 of 2011 at Police Station Cholapur, District Varanasi which is having a distance of about six kilometers from the place of occurrence.

4. Santosh Nut @ Pulli aged about 27 years is the deceased in the present matter. His post mortem examination was conducted on 2.3.201