The prosecution must establish guilt beyond reasonable doubt based on conclusive circumstantial evidence, and the testimony of a witness must be of sterling quality.

JUDGMENT :

Manoj Kumar Gupta, J.

1. The appeal is directed against the judgement and order dated 16.2.2008, passed by Additional Sessions Judge, Court No.10, Muzaffar Nagar in S.T. No.64 of 2001, convicting and sentencing the appellant under Section 302 IPC to life imprisonment and fine of Rs.15,000/-, in default of payment of fine, one year's additional simple imprisonment.

2. In brief, according to the prosecution case, Ram Phal (the victim) was father of the first informant Bablu (PW-1). He had sold four bighas of his land to Rajpal (accused-appellant). Appellant did not pay any money for the land but assured the victim that he would later give his tractor, including trolley, a machine and one lakh rupee to him as sale consideration. On 29.6.2001, at about 4:00 p.m. the accused appellant came to the house of the victim and took him alongwith him saying that he would load his tractor with bricks from a nearby brick-kiln and go to Haridwar to sell the same and profit will be apportioned by them equally, as the victim also had half share in the tractor. On 1.7.2001 at about 11:00 p.m. in the night, the accused appellant again came to the informants’ house and informed him that his father had consumed excessive liquor and is gasping for breath, so he should rush and bring his father (the victim) alongwith him to their house. The first informant went to the house of the accused appellant at around 2:00 p.m. in the night. He found that his father Rampal (victim) was lying dead in the tractor trolley. He accordingly made a written complaint on 2.7.2001 at 7:30 a.m. stating that he suspects involvement of the accused-appellant in the murder of his father. It came be registered as Crime Case No.146 of 2001 under Section 302 IPC.

3. The investigation of the case was handed over to Sub Inspector P.K. Singh, who during course of investigation, prepared a site plan. Sub Inspector Har Sharan Sharma completed the inquest proceedings and thereafter the body was sent for post mortem. After completing the investigation, a charge sheet under Section 302 IPC was submitted against the appellant.

4. The trial court framed charge of murder u/s 302 IPC against the accused-appellant on 21.9.2002. The charge was to the following effect :-

5. During the course of trial, the prosecution examined the first informant Bablu (PW-1) as a witness of fact. He proved the written Tahrir (Ex. Ka-1). Ved Pal Singh (PW2), Clerk Constable proved the chik report (check report) (Ex. Ka-2), G.D. Entries (Ex. Ka-3), Record Keepers report (Ex Ka-4). The doctor who conducted the post mortem i.e. Dr. Shashi Kumar Agnihotri, Senior Orthopedic Surgeon, District Hospital Rampur was examined as PW-3 and he proved the post mortem report (Ex. Ka-5). Sub Inspector P.K. Singh, the Investigating Officer was examined as PW-4 and he proved the site plan (Ex. Ka-6) and charge sheet (Ex. Ka-7). Sub Inspector Har Sharan Sharma, who was examined as PW-5, proved the inquest report, Chitthi R.I., Chitthi CMO, Photo-lash, chalan-lash as Ex. Ka-8 to Ex. Ka-12 respectively.

6. The accused-appellant was confronted with the incriminating facts and evidence. He denied his involvement but did not lead any oral evidence. He placed on record the original sale deed vide list paper no. 78 Kha.

7. The trial court by the impugned judgment and order convicted and sentenced the appellant under Section 302 IPC, aggrieved whereby, the instant appeal has been filed.

8. Learned counsel for the appellant Sri Sukhvir Singh, assailed the impugned judgment by contending that -

(a) The appellant has been convicted on more suspicion. There was no cogent evidence to establish the guilt of the appellant.

(b) There was no direct evidence against the appellant. The prosecution tried to establish the guilt of the appellant by circumstantial evidence, but utterly failed to exclude other possible hypothesis.

(c) The prosecution had failed to establish complete chain of evidence, consequently, there are sufficient grounds for the c