Circumstantial evidence requires both a strong motive and the 'last seen' principle to prove guilt; weak motive negates conviction in absence of direct evidence.

JUDGMENT :

(Per Hon'ble Anil Kumar-X,J.)

1. Heard Shri Bhaskar Bhadra, learned counsel for the appellants and Shri Vikas Goswami, learned AGA-I for the State.

2. By earlier order, living status report was called to ascertain the living status of the appellant no. 2 Dharam Pal.

3. The appeal in respect of appellant no. 2 has abated vide order dated 9.7.2018.

4. Appellants have preferred this criminal appeal against the judgment dated 15.10.1984 passed by VIIth Additional District and Sessions Judge, Bareilly in Sessions Trial No. 646 of 1983 wherein they have been convicted under Section 302 IPC read with Section 34 IPC and sentenced to undergo imprisonment for life.

5. Prosecution story, in nutshell, is that informant Rampal along with Krishna Kumar and Dhanpati (mother of Roop Kishore) went to watch Ramleela at 9:00 pm on 13.10.1983. They stayed there till 01:00 am. In the meantime, they also met Roop Kishore, who was also roaming along with Dharam Pal and Radhey Shyam. At about 01:00 am, they asked Roop Kishore to return home. Dharam Pal and Radhey Shyam said that they will visit their fields and guava orchard with Roop Kishore. Roop Kishore was not willing, but they took him along with them. When informant and his family members woke up in the morning, Roop Kishore was not present in home. The informant in search of Roop Kishore went at appellant's home, but they were not present at home. Subsequently he went to guava orchard where dead body of Roop Kishore was lying and, his neck and hands were tied. Some times later, Shiv Shankar told him that he had met Dharam Pal and Radhey Shyam in the morning at about 4:00 a.m who were coming from orchard side and were nervous. Informant firmly believed that his nephew Roop Kishore had been murdered by the appellants. Radhey Shyam and Dharam Pal are fast friends. Certain quarrel between Radhey Shyam and Roop Kishore arose over Radhey Shyam's sister. But their relations became normal from past 4-5 days.

6. Written Report (Ex. Ka. 1 at the trial) was submitted by informant Rampal on 14.10.1983 and F.I.R (Ex. Ka. 3 at the trial) was registered at Case Crime No. 178 of 1983, P.S. Aonla, District Bareilly on 14.10.1983 at 9:15 am. After conclusion of investigation, charge sheet under Section 302 IPC was submitted against the accused namely Dharam Pal and Radhey Shyam. Case was committed to Sessions Court for trial and charges against accused were framed under Section 302 IPC read with Section 34 IPC. Accused denied charges and claimed trial.

7. Eight witnesses were examined by the prosecution. Informant- Rampal was examined as P.W.-1 and he has proved his Written Report which is Ex. Ka.1. He has supported the version of FIR. PW-2 Krishna Kumar, who is cousin of deceased-Roop Kishore, has also corroborated the prosecution version. P.W.-3 Devidas, father of deceased, has stated that he was posted as Cabin Man at Aonla Railway Station. On the alleged day of murder, he was on duty from 8:00 p.m to 8:00 a.m. He reached at Railway Station at about 7:30 p.m. and there he saw Roop Kishore wandering around with Radhey Shyam and Dharam Pal. When he inquired them, they told that they have come there for walk. On next morning when he returned, he came to know about murder. PW-4 Kali Charan has stated that at about 4:00 a.m., when he was on his way towards his fields, he met Dharam Pal and Radhey Shyam near tube well of Devi Das. When he inquired them as to where from they are coming, Dharam Pal said t