IMPORTANT POINT
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of evidence that excludes all reasonable hypotheses of innocence; mere suspicion is insufficient for conviction.

JUDGMENT :

1. Heard Shri G.S. Chaturvedi, Senior Advocate assisted by Shri Alok Ranjan Mishra, learned counsel for the appellant, learned A.G.A. for the State and perused the record.

2. The instant criminal appeal has been filed against the judgment and order dated 23.9.2005 passed by the Additional Session Judge, Court No. 11, Agra in S.T. No. 832 of 1999, State Vs. Rajveer Singh and another, arising out of case crime no. 207 of 1999 P.S. Dauki, Agra, under section 302 I.P.C., by which the trial court has convicted the appellant under section 302 I.P.C. and awarded the sentence of life imprisonment alongwith fine of Rs. 25000/-

3. As per the prosecution case as unfurled in the F.I.R. lodged by one Surendra Kumar, P.W.1, vide written report Ex. Ka.1 dated 5.8.1999 which was registered vide case crime no. 207 of 1999 under section 302 I.P.C., P.S. Dauki, District Agra, vide G.D. report, Ex. Ka. 4 prepared by PW.4 at the relevant date and time.

The allegations made in the F.I.R. are that on 4.8.1999 at about 8.30 p.m. in the night his father Nem Singh posted as Kanungo, Sadar, District Agra returned back to his house. After taking his meals at about 10.00 p.m., on account of disruption in the electric supply he slept alone on the Chabutara outside the Baithaka. At about 5.00 a.m., his mother Smt. Jamira Devi came out of the house and saw blood flowing below his cot. Above the cot his father was done to death by some unknown persons by wielding some sharp edged weapon on his neck and face. On the noise raised by his mother and on her wailing he alongwith his other family members reached at the place of incident. On the basis of the said written report scribed by the appellant, Rajveer Singh himself an F.I.R was registered against unknown persons at P.S. Dauki, District Agra.

4. The said F.I.R. was registered in the presence of Station Officer, P.S. Dauki, P.W. 6 Satyaveer Singh who was entrusted with the investigation of the said case. The investigating officer thereafter recorded the statement of the first informant and reached at the place of incident and inspected the place of incident, and prepared the site plan. The Investigating Officer further collected the blood stained earth and plain earth from the place of incident and kept it in a container, sealed it and prepared the recovery memo which has been proved and marked as Ex. Ka. 6 and Ex. Ka. 7. A hair strand was also taken in possession from the right palm of the deceased and its fard recovery memo was prepared and marked as Ex. Ka. 8. A small handkerchief lying near the corpse of the deceased was also taken in possession and its fard recovery memo was prepared and marked as Ex. Ka. 9. The investigating officer had also collected the blood stained string of cot and a blood stained pillow and prepared its recovery memo which has been proved and marked as Ex. Ka. 10 and then recorded the statement of witnesses Phool Singh and Giriraj. Thereafter Station Officer conducted the inquest on the person of the deceased and prepared the inquest memo which has been proved and marked as Ex. Ka. 15. Thereafter the dead body of the deceased was wrapped in a cloth and dispatched for post mortem examination by preparing the seal. An autopsy was conducted on the person of the deceased on 5.8.1999. As per the post mortem report , the victim received six injuries on his person. The injuries noted by the Doctor in the post mortem report are as under.

On internal examination, the central bone of the head was found fractured and membranes were found congested.

5. Thereafter on 5.8.1999, Investigating Officer recorded the statement of Meera Devi wife of the deceased and Geeta, daughter of the deceased. On 16. 8.1999 the appellant, Rajveer Singh was arrested and his statement was recorded and on his pointing out, an axe was recovered from an open place near the Bithoora. Thereafter blood stained Pyjama and Shirt of the appellant was also recovered on the pointing out of the appellant, Rajveer Singh fr