Circumstantial evidence must be conclusive and all links in the chain must be established beyond reasonable doubt; failure to do so warrants acquittal.

JUDGMENT :

Samit Gopal, J.

1. These two appeals are connected together as they are of co-accused and arise out of the same judgement and order of conviction.

2. The present appeals have been filed by the appellants Naushad and Ahsan against the judgement and order dated 17.03.2020 passed by Addl. Sessions Judge/F.T.C Court No.1, Saharanpur in S.T. No.634 of 2017 (State of U.P. Vs. Ahsan and another) whereby the accused- appellants have been convicted and sentenced under Section 364 IPC to life imprisonment, a fine of Rs.25,000/- and in default of payment of fine to 6 months additional imprisonment each, under Section 302/34 IPC to life imprisonment and a fine of Rs.25,000/- and in default of payment of fine to 6 months additional imprisonment each and under Section 201 IPC to 5 years R.I. and a fine of Rs.5,000/- and in default of payment of fine to 1 month additional imprisonment each. The sentences have been ordered to run concurrently. The trial court has ordered that set off be granted to the accused-appellants for the period already undergone in jail by them.

3. A typed application dated 10.8.2017 was given by Nadeem addressed to the Inspector Police Station Kotwali Devband, district Saharanpur alleging therein that his son Mohd. Zaid aged about 5 years and describing his physique wearing white kurta and pajama and yellow coloured sleeper, had gone missing on 10.8.2017 at about 11.15 a.m. without telling anyone. He was searched by him a lot but could not be traced. He had to come to him after being troubled and being sad. He prays that his missing report regarding his son be registered. The said application is Exb. Ka-1 to the records.

4. On the basis of said application, a FIR as Case Crime No.0777 of 2017 under Section 364 IPC, Police Station Devband, district Saharanpur was lodged on 10.8.2017 at 11.15 hours against unknown persons. The Chik FIR is Exb. Ka-5 to the records.

5. Subsequently a handwritten application dated 10.8.2017 was given by Nadeem to the Inspector Kotwali Devband, district Saharanpur alleging therein that on 10.8.2017 he had got a missing report registered regarding his son Zaid and now he has come to know that his son was taken by Ahsan, S/o Majid and Naushad, S/o Zulfqar who were working with him who have kidnapped him. Gulsher, S/o Shamim and Sharique, S/o Mohd. Khalid have seen them taking away his son Zaid. A C.C.T.V camera installed in the house of Dr. Saeed Anwar has also recorded them taking away his son. The footage of the camera be taken and legal action be taken against Ahsan and Naushad. The said application is marked as Exb. Ka-2 to the records. The said application Exb. Ka-2 to the records was registered in G.D. No.43 at 21.15 hours on 10.8.2017 at Police Station Kotwali Devband, District Saharanpur.

6. The accused Naushad and Ahsan are alleged to have been arrested in the night of 10/11.8.2017 and it is alleged that on their pointing out on 11.8.2017 at 4.30 a.m. in the presence of witnesses Waseem and Mohd. Aslam from the sugarcane field of Yaqoob, S/o Sharique by going 15 steps inside, the dead-body of Zaid was recovered. A recovery memo dated 11.8.2017 to the said effect was prep