The conviction based on circumstantial evidence, particularly the last seen theory, is valid when corroborated by subsequent events and evidence, establishing the accused's guilt beyond reasonable doubt.

JUDGMENT :

Sandeep Jain, J.

1. The instant Criminal Appeal has been filed by the convicted accused against judgment dated 12.9.1996 of Shri R.K. Gupta, Special Judge (U.P. Dacoity Affected Areas Act), Etawah in Sessions Trial no.150 of 1993 (State versus Ashok Kumar, Gore alias Ujagar Singh and Ramdas) arising out of case crime No. 58 of 1983, PS Bharthana, District Etawah, whereby all the accused have been convicted for the offence under section 302/34 IPC and sentenced to suffer life imprisonment, for offence under section 201 IPC to suffer 7 years imprisonment and for offence under section 404 IPC to suffer three years imprisonment. All the above sentences were ordered to run concurrently.

2. Factual matrix is that, on 9.4.1983 at about 4 PM accused Ashok along with two unknown accomplices, arrived at the house of first informant Ramswaroop Dubey (PW-1 at the trial). The unknown accomplices were disclosed by accused Ashok to be his relatives and he enquired about first informant's son Govind, for transporting the bricks of his accomplices by his tractor, from the brick kiln. On their request, Govind was called, who arrived and freight for transporting the bricks was settled with them. At that time, Ramswaroop Dubey and his daughter Heera(PW-3 at the trial) were present, who had recognised accused Ashok and his two accomplices. Thereafter, Govind, Ashok and his two accomplices went by tractor no.7911, to the brick kiln for loading the bricks on the tractor. At about 5:30 PM, Govind along with Ashok and his two accomplices passed in front of the house of Ramswaroop Dubey, who were going towards Bharthana, who were sitting in the above tractor with trolley loaded with bricks. Ramswaroop Dubey saw Govind on the above tractor going towards Bharthana. When first informant's son Govind didn't return till the next morning with the tractor, then he enquired about him, then he was told by Mahesh Chandra that he saw his tractor, Saturday evening going through railway crossing towards the market, on which Ashok and two persons were seated, the tractor was being driven by Govind. Thereafter, first informant was told by Chandra Prakash of Baluganj that on Saturday evening, he saw his tractor loaded with bricks, on which three persons were seated, which was being driven by Govind towards Umarsanda. On further enquiry the first informant was told by Narain that he met Govind, who was driving the tractor loaded with bricks on which three persons were seated, after crossing Umarsanda bridge. Thereafter, the first informant enquired at many places then, he was told by Rajendra Prasad Shukla(PW-2 at the trial) that when he was coming from bus from Kishni and was going towards Bharthana, then he saw Govind near village Maman, who was carrying bricks in a tractor, on which