The judgment establishes the principle that the burden of proving guilt beyond reasonable doubt lies with the prosecution, and the use of circumstantial evidence must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused.

JUDGMENT :

AJAI TYAGI, J.

1. This appeal has been preferred against the judgment and order dated 23.01.2013 passed by Additional Sessions Judge, Court No. 1 in Session Trial No. 102 of 2010 (State vs. Jagdish and Others), arising out of Case Crime No. 1734 of 2009, under Section 302, 201, 120B IPC, Police Station-Tirva, District-Kannauj, whereby the appellants were convicted and sentenced under Section 302 IPC for life imprisonment along with fine of Rs.5,000/-, under Section 120B IPC for 10 years imprisonment along with fine of Rs. 2,000/- and under Section 201 IPC for 7 years simple imprisonment along with fine of Rs. 2,000/-.

2. The brief facts of the case as culled out from the record are that written report was submitted to Police Station-Tirva, District-Kannauj by informant Ram Kumar on 17.11.2009 with the averments that his brother Ram Bahadur aged about 40 years was missing since 15.11.2009. His missing report was submitted at police station on 17.11.2009. While searching, his brother-in-law Shri Ganga Ram and Feran Singh, who used to reside in the vicinity, told him that they had seen Ram Bahadar with Jagdish son of Rameshwar, Prem Chandra son of Jagdish, Raja Ram and Sarvesh on 15.11.2009, who had taken Ram Bahadur from his house. His brother Ram Bahadur and wife of Jagdish namely Desh Rani were having illicit relationship. On the basis of suspicion, the informant Ram Kumar went to the house of Jagdish along with Om Pratap, Dayanand and Babu Ram etc. In the courtyard of the house of Jagdish, they saw some digging earth. They dug the earth on that point at 3:00 pm and the body of deceased Ram Bahadur was recovered from there covered in a jute bag. The body was identified by all the people present there. It is further stated in the report that Jagdish, Prem Chandra, Raja Ram, Sarvesh, Desh Rani and Priyanka had committed the murder of Ram Bahadur and had hidden the dead body under the ground.

3. On the basis of aforesaid written report a Case Crime No. 1734 of 2009 was registered at police station on 17.11.2009 u/s 302, 201, 120B IPC against aforesaid accused persons.

4. The investigation was taken up by SHO Shri Karan Singh, who visited the spot and prepared the site-plan, jute bag covering the body, was taken into custody for which recovery memo was prepared. Blood stained axe and stick was recovered on the pointing out of accused Jagdish from the heap of straw from his house. Inquest report was prepared and the dead body was sent for post mortem. Doctor conducted the post mortem on the body of the deceased and prepared post mortem report. The statements of witnesses were recorded by the investigating officer. After completion of investigation, charge sheet was submitted by I.O. against Jagdish, Prem Chandra, Desh Rani, Priyanka and Raja Ram u/s 302, 201 and 120B IPC. Magistrate took the cognizance and committed it to the Court of Sessions because the case was triable exclusively by Court of Sessions.

5. Learned trial court framed charges against all the accused persons u/s 302, 201 and 120B IPC. Accused persons denied the charges and claimed to be tried.

6. The prosecution so as to bring home the charges, framed against the accused, examined the following witnesses:

7. Following documentary evidence was filed by prosecution, which was proved by leading evidence: