The prosecution must establish a complete chain of evidence for conviction; mere suspicion is insufficient for a guilty verdict.

JUDGMENT :

(Hon'ble Mohd. Azhar Husain Idrisi, J.) :

1. The instant criminal appeal is directed against the judgment and order dated 24.05.2022, passed by the learned Additional Sessions Judge, Court No. 14, Bareilly, in Sessions Trial No. 1018 of 2012, arising out of case crime no. 242 of 2012 (State Vs. Ujagar and others), whereby each of the accused/appellant namely, Ujagar, Ram Prasad and Kalyan have been convicted under Section 302 I.P.C. and sentenced to life imprisonment and fine of Rs. 20,000/-and in default each of them had to serve additional simple imprisonment of six months.

2. The prosecution case proceeded on the basis of an application, under Section 156 (3) Cr.P.C. (Ext. Ka-1), moved by the first informant Roop Lal (PW-1), Resident of village Bilauwa P.S. Faridpur, District-Bareilly, in the court of CJM, Bareilly, alleging therein that on 08.10.2011 at about 5.00 p.m. his co-villagers Ujagar, Kalyan and Ram Prashad called his son Rukampal from the house and took him away. At that time, his mother Smt. Bhagga and sister Kalawati were at the house. These people had stated that Rukampal is being taken for some work. Rukampal did not return to the house in the night. On 09.10.2011 in the morning he and other family members went to the house of Ujagar, Kalyan and Ram Prashad to inquire the whereabouts and location of Rukampal, but they did not give any satisfactory answer and equivocated. They queried/ inquired from co-villagers also. Thereafter at about 12.00 P.M. he was informed by the villagers that dead body of Rukampal is lying near Mulberry tree (Shahtoot) near village Nagariya. They rushed at the spot and identified the dead body of Rukampal, there were many injuries on his body. He (PW-1) immediately informed the Police Station, Faridpur. He (PW-1) was illiterate, police did not register his report. However, police launched inquest proceedings on 9.10.2011 at about 8.00 p.m. Inquest report is on record as Ext Ka-11 and sent the corpse for autopsy. The post mortem was conducted on 10.10.2011 at 2.30 p.m. by Dr. S.C. Sundriyal (PW-3). Duly proved, PMR is on record as Ext. Ka2.

3. Neither report of the informant was written, nor any action was taken by the police, against the accused persons. Hence, he gave an application to the Police Station Faridpur, Superintendent of Police (Rural) and Senior Superintendent of Police, Bareilly, but all in vain, no action was taken against the accused persons. The accused were roving around saying that Rukum Pal had opposed Ujagar in Pardhani elections, hence they killed him. On 08.10.2011 Kamlesh s/o Pothiram and Smt. Prema w/o Ganga Ram, had seen Rukampal with the accused persons. During conversation accused persons disclosed Prema that they had done Rukampal to death. Thus these accused have murdered his son Rukampal.

4. In view of the above, complainant Roop Lal moved an application (Ext Ka-1) under Section 156(3) Cr.P.C. for investigation of the matter, before the Chief Judicial Magistrate, Bareilly on 8.11.2011, Consequently, on the basis of the order passed on this application, FIR was registered on 24.4.2012, as case crime no. 242 of 2012, under Section 302 IPC, police station Faridpur, District Bareilly, against the accused persons. Needful entries were made in kaimi G.D., carbon copy is on record as Ext. Ka-5 and chik FIR Ext. Ka-3.

5. Initially, investigation was entrusted to S.I. Gajendra Singh Tyagi. In due course, he was transferred and another I.O. replaced him. I.O. has recorded the statement of witnesses under section 161 Cr.P.C, prepared site plans and arrested accused and later after due investigation, collecting credible and clinching evidence, showing the complicity of the accused appellants in the murder of Rukampal, S.S.F. P.N.Mishra, submitted charge sheet on 05.07.2012, under Section 302 IPC against the accused/ appellants namely Ujagar, Ram Prasad and Kalyan, in the court of Chief Judicial Magistrate, Bareilly.

6. Chief Judicial Magistrate, Bareilly t