The prosecution must establish a complete and unbroken chain of circumstantial evidence for a conviction; mere conjecture is insufficient.

JUDGMENT :

Vivek Kumar Birla, Mohd. Azhar Husain Idrisi, JJ.

1. Heard Shri Apul Mishra alongwith Shri Vivek Shukla, learned counsel for the appellants, Shri Vinay Saran, learned Senior Counsel assisted by Shri Pradeep Kumar Mishra, Shri Ashvani Tripathi, learned counsel for the informant as well as Shri Rahul Asthana, learned AGA for the State of U.P. and perused the record.

2. Present Criminal Appeal is being preferred against the judgment and order dated 28.01.1993, passed by learned Additional Sessions Judge/Special Judge E.C. Act, Budaun in Sessions Trial No.176/87 convicting and sentencing the appellants- Ram Bharosey and Bankey with life imprisonment, under Section 302 read with section 149 IPC and 5 years Rigorous Imprisonment, under Section 148 IPC , and appellants- Shishu Pal, Yogendra, Bhup Singh, Shiv Lal and Ashok alias Rohtash are sentenced for life imprisonment under section 302 IPC read with Section 149 IPC and 3 years Rigorous Imprisonment under section 147 IPC .

3. Vide order dated 05.03.2025 the appeal stood abated in respect of appellant no.1-Ram Bharosey son of Vikram Singh and Appellant no.5-Shiv Lal son of Kundal Singh. Now the appeal is surviving only in respect of appellants no.2- Shishupal son of Latoori Singh, appellant no.3-Yogendra son of Latoori Singh, appellant no.4-Bhoop Singh son of Mahendra Singh, appellant no.6-Bankey son of Nita and appellant no.7-Ashok alias Rohitash son of Ragubir Singh.

4. The prosecution story, in brief, is that the complainant-Durwasa, resident of village Raipur married Babu Singh resident of Kurrao, police station Ujhani. The complainant was the sole daughter of her parents. The parents of the complainant had already expired due to which the entire movable and immovable property were inherited by Durwasa, due to which the other family members of the father of Durwasa had an enmity because they were in search to usurp the landed property inherited by Durwasa, but they could not succeed in their aims. Hence Bhoop Singh and others used to remain in search of any opportunity to cause damage to Dirwasa and her husband in any manner whatsoever. On 15.04.1984 Babu Singh at about 8.00 p.m. went to attend a Lagun ceremony at the house Ruddar Murao in Village Baholia. After a short distance Chhotey, Ram Bharosey, Shishu Pal, Yogendra, Bhoop Singh, Harinandan Singh, Ashok, and Shiv Lal also followed him accompanying with Bankey Mehtar, who was servant of Bhoop Singh. Out of them Ram Bharosey was armed with his licensee gun, Bankey Mehntar was armed with Gandasa and others were armed with lathis. The husband of the complainant Babu Singh did not return back to his house till morning. In the morning complainant felt some doubt and sent her son Jogpal Singh to village Baholia to enquire Ruddar Murao in respect of Babu Singh. Ruddar Murao told that Babu Singh did not attend Lagun ceremony. Thus, he could not reach there. Then Jogpal Singh, Dhakan Singh, Udiaivir and Omkar Singh started to make search in jungle (forest) and they found some blood lying at the pathway nearby the field of Thakuri. One empty cartridge was also found there. On further search some fire was seen then all the aforesaid persons reached nearby the fire. When they reached there, they found that one chita (pyre) was burning and a frame of spectacle was also lying there. They became certain that Babu Singh has been murdered by aforesaid persons and has been burnt to destroy the evidence of murder. A Tehrir was got written by Jogpal Singh upon the instructions of complainant -Durwasa. An F.I.R. was lodged in police station Moosajhag on 16.04.1984 at about 12.15 noon. Thereafter, a case under sections 147, 148, 302 read with section 149 and 201 I.P.C. was lodged in police station and investigation was started by the Investigating Officer who investigated the matter and after concluding investigation submitted a charge-sheet against the accused persons.

5. The prosecution has examined as many as nine witnesses, namely, Amba