Point of Law: In cases where the evidence is purely circumstantial in nature, the circumstances from which the conclusion of guilt is sought to be drawn must be fully established beyond any reasonable doubt and such circumstances must be consistent and must form a complete chain unerringly point to the guilt of the accused and the chain of circumstances must be established by the prosecution. Referring to several earlier

JUDGMENT :

SAMIT GOPAL, J.

1. The present appeal arises out of the judgment and order dated 10.01.2013 passed by the Additional District Judge, Court No. 4 Kanpur Nagar in Sessions Trial No. 823 of 2005 (State of U.P. vs. Ashish Kumar) whereby the appellant Ashish Kumar has been convicted and sentenced under Section 302 IPC to life imprisonment, a fine of Rs. 10,000/- and in default of payment of fine to two months rigorous imprisonment, under Section 364-A IPC to life imprisonment, a fine of Rs. 10,000/- and in default of payment of fine to two months rigorous imprisonment and under Section 201 IPC to seven years rigorous imprisonment, a fine of Rs. 3,000/- and in default of payment of fine to one month rigorous imprisonment. The sentences have been ordered to run concurrently.

2. The trial court while passing the judgment impugned herein has directed that the period of incarceration of the accused will be set off against the sentence of imprisonment.

3. At the first instance, an application dated 17.03.2005 was moved by Hari Ram son of Narottam Ram before the Station House Officer, Police Station Chakeri, District Kanpur Nagar to the effect that his son Alok Kumar aged about 21 years went to give his exam at D.V.S. College on a cycle on 15.03.2005 at 05:30 a.m. but has not returned. His physical appearance was given in the said application and it was requested that appropriate action be taken. The said application about the disappearance of Alok Kumar was recorded in GD No. 54 dated 17.03.2005 transcribed at 19:30 hrs at the said Police Station. The same is marked as Exb.Ka-1 to the records.

4. Thereafter, an application was given by Hari Ram at the Police Station Chakeri on 30.05.2005 informing that he has received calls on his mobile three times, on which, threat has been extended to him and on inquiry it transpires that one of the numbers from which call was received is of a P.C.O. and he stated that he has a suspicion that his son Alok Kumar may be murdered by the kidnappers and appropriate action be taken as soon as possible. The same was recorded in GD No. 41 dated 30.05.2005 transcribed at 17:10 hrs which is marked as Exb.Ka-8 to the records.

5. Subsequently, on an oral information given by Hari Ram, a First Information Report was lodged which was registered as Case Crime No. 413 of 2005 under Sections 364, 504 IPC, Police Station Chakeri, District Kanpur Nagar on 30.05.2005. The case was subsequently converted from Section 364 IPC to Section 364-A IPC and later on, after the recovery of the remains of a human body, the same was converted into a case under Section 364-A, 302, 201 IPC.

6. The first informant handed over a packet to the Investigating Officer on 31.05.2005 while stating that the said gift packet contains the t-shirt of his son Alok Kumar which he was wearing when he left the house. The same was taken by the Investigating Officer and a recovery memo dated 31.05.2005 was prepared which is marked as Exb.Ka-3 to the records.

7. At the same time on 31.05.2005, the first informant Hari Ram gave a letter to the Investigating Officer by which a ransom of Rs. 3 lakh was alleged to be demanded for releasing his son. The said letter was dated 18.05.2005 and was received in the office of Hari Ram which was sent by post. A recovery memo of the same was prepared on 31.05.2005 which is marked as Exb.Ka-4 to the records.

8. Further, on the same day, the first informant Hari Ram also gave a chit to the Investigating Officer which was pasted on the gift packet, in which, t-shirt was wrapped. The said chit was taken into custody by the Investigating Officer and a recovery memo to the same was prepared which is marked as Exb.Ka-5 to the records.

9. Subsequently, a skeleton was recovered on 01.06.2005 on the pointing out of the appellant. A recovery memo of the same was prepared on 01.06.2005 which is marked as Exb.Ka-6 to the records.

10. A tape recorder was also recovered which was manufactured by Panasonic and was in a running condi