The judgment underscores the necessity for the prosecution to establish guilt beyond reasonable doubt, especially in cases relying on circumstantial evidence, and highlights the importance of proving the chain of circumstances.

JUDGMENT :

(Nalin Kumar Srivastava, J.)

1. The accused-appellant Badam Singh was convicted under Section 302 of IPC and sentenced for life imprisonment with fine of Rs.50,000/- with the stipulation of default clause vide judgment and order dated 28.7.2016 passed by the Sessions Judge, Budaun in Sessions Trial No. 666 of 2015 (State Vs. Badam Singh) arising out of Case Crime No.361 of 2015, Police Station- Zarif Nagar, District- Budaun. Feeling aggrieved with the same, accused appellant has preferred this appeal.

2. The brief facts culled out from the record are that on the basis of a written report submitted by the complainant at Police Station- Zarifnagar, District- Budaun, a Case Crime No.0361 of 2015 was registered in which averments were made that Ram Bholi, daughter of the complainant, was married to Badam Singh son of Chhote Lal (accusedappellant) as per hindu rites and rituals. After few days of the marriage, a demand of motorcycle and buffalo was raised as additional dowry. The said demand was told to the informant by her daughter. When the informant inquired about the said demand of additional dowry from the in-laws of her daughter, they stated that if the informant fails to give the Motorcycle & Buffalo, he would get his daughter back. On 6.7.2015, Badam Singh, Devendra and Chhatrapal sons of Chhote Lal, Rupa wife of Chhote Lal and Km. Santosh all the accused persons strangled her to death. This information was given telephonically to the informant by Ompal son of Balister, resident of Dariyapur, police station Mujriya, who lodged the F.I.R..

3. In pursuance of the aforesaid first information report, Investigating Officer, Umesh Kumar Yadav, Circle Officer, Sahaswan, Budaun, took up the investigation and visited the spot. Site-plan was prepared and inquest report was also prepared. The body of the deceased was sent for post mortem. Concerned doctor performed the autopsy and prepared the post mortem report. I.O. recorded the statements of witnesses. After completing the investigation, I.O. submitted charge sheet against accused appellant. The matter being triable by Court of Sessions was committed to the Court of Sessions for trial.

4. The learned trial court framed charges against the accused under Section 304-B, 498-A IPC and ¾ Dowry Prohibition Act. Alternative charge under Sections 302 IPC was also framed. The accused-person pleaded not guilty and wanted to be tried. The prosecution so as to bring home the charges, examined the following witnesses:-

5. In support of oral version, following documents were filed and proved on behalf of the prosecution :

6. After completion of prosecution evidence, incriminating circumstances emanating from the prosecution evidence were put to the accused. In his statement recorded under Section 313 CrPC, he denied his involvement in the incident and pleaded false implication on account of enmity.

7. Heard Shri Akhilesh Singh assisted by Shri Satya Pal Singh, learned coun