The main legal point established in the judgment is that the chain of events pointing exclusively to the guilt of the accused-appellant was not established based on circumstantial evidence.

JUDGMENT :

1. This jail appeal has been preferred by the appellant, Babu Ram Maurya challenging the judgment and order dated 17th April, 2010 passed by the Special Judge (Prevention of Corruption Act)/Additional Sessions Judge, Bareilly passed in Sessions Trial No. 117 of 2008 (State vs. Babu Ram Maurya) under Sections 302 and 201 I.P.C. as also in Sessions Trial No. 118 of 2008 (State Vs. Babu Ram Maurya) under Sections 4/25 Arm Act, arising out of Crime No. 870 of 2007, Police Station-Subhash Nagar, District-Bareilly, whereby the accused-appellant has been convicted and sentenced to undergo (i) life imprisonment under Section 302 I.P.C. with fine of Rs. 20,000/-, in default thereof, he has to further undergo two years additional imprisonment, (ii) two years rigorous imprisonment under Section 201 I.P.C. with fine of Rs. 5,000/-, in default thereof, he has to further undergo two months additional imprisonment and (iii) one year rigorous imprisonment with fine of Rs. 1,000/-under Sections 4/25 Arms Act, with the direction that all the sentences are to run concurrently.

2. We have heard Mr. Kumar Kartikay, learned Amicus Curiae on behalf of the appellant and Mrs. Archana Singh, learned A.G.A. for the State and have carefully perused the materials available on record.

3. Records of the present jail appeal reveal that a first information report was registered under Sections 302/201 I.P.C. as Crime No. 868 of 2007 on 11th June, 2007 at 07:15 a.m. (morning) on a written report of the Village Chaukidar, namely, Murari Lal son of Hori Lal, who had found an unknown naked body of a lady in the agricultural field of Dori Lal Kanaujiya with incised injury marks on her abdomen and private parts. Her intestine had come out and injuries were also found on her face and she was bleeding. Her bangles were broken. Seeing her condition, it appeared that she was killed elsewhere and thereafter her dead body was thrown in the fields of Dori Lal.

4. The inquest of deceased was conducted by the Police at 10:40 a.m. after starting the process at 09:00 a.m. In the opinion of the Panch (Inquest) witnesses, the death of the deceased was homicidal on account of injuries caused to the deceased. Thereafter the dead body of the deceased was sealed and sent for post-mortem.

5. Dr. Sri Krishna, P.W.-8 conducted the post-mortem of the dead body and his report is on record as Exhibit-Ka-9 as per which the deceased was nearly 50 years of age and had died due to shock as a result of following ante-mortem injuries:

“(i) incised wound 3 cm. X 1/2 cm x above, deep on mid part of nose, underneath bone fractured;

(ii) incised wound 2 cm x 1 c x cavity deep on the left side of abdomen just below left costal margin and 11 cm. anterolateral from navel at 1 o'clock position;

(iii) Incised wound 3 cm x 1 cm x cavity deep on the left side of abdomen, 3 cm. below from injury no. 2, flesh part of muscle coming out from wound;

(iv) Incised wound 2 cm x 1 cm x cavity deep on the left side of abdomen, 4 cm. Interolateral from injury no.3;

(v) incised wound 2 cm. x 1 cm x muscle deep to flesh of chest, mid line;

(vi) Incised wound size 3 cm. x 1 cm. muscle deep over left side of bubic syphilis area.”

6. A subsequent first information report was lodged on 13th June, 2007 at 01:30 p.m. as Crime No. 870 of 2007 under Sections 4/25 Arms Act by the Investigating Officer, Sub-Inspector Rohan Lal, who was also the Investigating Officer in the earlier first information report. It was reported that while conducting investigation in the earlier matter, he met Ravi Kumar son of Seema Kashyap i.e. P.W.-2 and Rampal Kashyap, brother-in-law of Seema Kashyap i.e. P.W.-1,who informed him that the dead body found was of Seema Kashyap and that she has been killed by the accused-appellant, namely, Babu Ram Maurya. The Police party lead by Investigating Officer was informed by the informer that the accused-appellant was about to visit his elder brother at Shanti Vihar. On receiving such information the Police p