The prosecution must establish the guilt of the accused beyond reasonable doubt in cases based on circumstantial evidence.

JUDGMENT :

UMESH CHANDRA SHARMA, J.

1. Heard Shri Ashok Kumar Tripathi learned counsel for the sole appellant and learned AGA for the state.

2. This appeal has been preferred against the judgment and order dated 20.1.2014 passed by learned Additional Sessions Judge Court No.9, Kanpur Dehat, in S.T. No. 446 of 2011 (State Vs. Sunil Kumar Katiyar) arising out of Case Crime No. 104 of 2011 under Section 302 I.P.C. Police Station-Sikandara, Kanpur Dehat, by which the accused-appellant Sunil Kumar Katiyar has been convicted under Section 302 I.P.C. and has been sentenced for life imprisonment with fine of Rs.10,000/-with default stipulation.

3. In brief, facts of the case are that on 21.7.2011 informant, Pramod Kumar, lodged an F.I.R. with the averments that his younger sister Kiran Devi Katiyar was married with accused Sunil Kumar Katiyar about 26 years back. Out of their wed lock, three children have been born. The elder son named Ankur Katiyar is doing B.Tech in Noida, the daughter Anupama is the student of Rajpur Degree College and the younger son Abhai Katiyar, studies at Sikandra. The accused used to do farming in village Nandana and lives in mohalla Muhammadnagar in Sikandara. His sister used to live in both the houses from time to time. His brother-in-law (Bahnoi), the accused, used to take alcohol etc. and his sister used to forbid him on which he used to beat his sister in anger which was complained to the accused many times. On 19.7.2011, he was informed that the dead body of his sister was lying on the second floor of the house at Muhammadnagar. The information was given to the police station by his cousin Ramesh Kumar Katiyar on which basis postmortem was conducted. No other person used to visit to his sister’s house. She was murdered by Sunil Kumar and he was missing since then. The informant requested to lodge the F.I.R. and take legal action against the accused.

4. On the basis of above written complaint, Ex. Ka-1, the F.I.R. was lodged and chik F.I.R. at crime no. 04 of 2011 under Section 302 I.P.C. was lodged and was entered into Kayami G.D. on 4:30 P.M. on 21.7.2011.

5. After this information P.W.3, S.I., Aditya Narain Pandey visited the place and prepared inquest, Ex.Ka-2, and also prepared papers like challan nash, Ex.Ka-3, photo nash Ex.Ka-4, letter to R.I. Ex. Ka-5, letter to C.M.O. Ex. Ka-6 and sent the dead body for postmortem.

6. Dr. Riaz Ali Mirza, P.W.-4 conducted the postmortem and prepared post mortem report, Ex. Ka-7. S.O. Sanjay Kumar Gupta took the investigation and prepared site plan, Ex. Ka-6. During the investigation he also recovered Lodha (pestle) alleged to be used in commission of crime and also prepared site plan Ex. Ka-10, recorded the statement of the witness and after finding the case under Section 302 I.P.C., submitted the charge-sheet Ex. Ka-11.

7. The learned Magistrate took the cognizance and committed the case for trial to the Court of Sessions. On 11.01.2012, the appellant was charged u/s 302 IPC to which he pleaded not guilty and sought trial.

8. Following witnesses were examined by the prosecution to prove the guilt of the accused:

9. Following documentary evidence were relied on by the prosecution:

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