The prosecution must prove guilt beyond reasonable doubt, and circumstantial evidence alone is insufficient without establishing clear links, particularly regarding presence at the crime scene.

JUDGMENT :

SALIL KUMAR RAI, J.

The appellant has been convicted under Section 302 IPC and Section 25 Arms Act by judgment and order dated 19.4.2019 passed by the Sessions Judge, Auraiya in Sessions Trial No. 249 of 2011 registered under Sections 498 -A, 304-B, 201, 404/411, 302/149 and Section 4 Dowry Prohibition Act as well as in Session Trial No. 250 of 2011 registered under of the Arms Act. The appellant has been sentenced to undergo life imprisonment and a fine of Rs.5,00,000/- for the charge under and two years imprisonment and a fine of Rs.5,000/- for the charge under Arms Act.

One Priyanka Raj (hereinafter referred to as the ‘deceased’), daughter of Raj Mohan Singh, the first informant, was married to the appellant on 13.5.2009. On 15.5.2010, the dead body of the deceased was found in the bushes outside the village. A first information report registering Case Crime No. 99/2010 under Sections 498 -A / 304-B / 201 IPC read with Section 3/4 Dowry Prohibition Act was registered in Police Station Bidhuna, District Auraiya on 15.5.2010 at 05:15 p.m.

The case of the prosecution, in short, is that the appellant and the in-laws of the deceased, i.e., the mother-in-law, the father-in-law, the brother-in-law (jeth) and the sister-in-law (jethani) of the deceased were not satisfied with the dowry given during the marriage. The appellant and the in-laws used to harass the deceased for more dowry and demanded a Maruti Car as well as Rs.1,00,000/- (Rs. one lakh) in cash from the deceased. It has been stated in the first information report that the appellant and the in-laws of the deceased threatened the first informant that they would not let the deceased live in peace till their demand for dowry was satisfied. On 15.5.2010, the first informant received information on phone that his daughter had been beaten by her in-laws and the appellant and shot dead outside the village and Sanoj Kumar s/o Ahivaran Singh and Pankaj @ Chhote s/o Vishram Singh assisted the appellant and others in the crime. The dead body had been thrown in the bushes. It was alleged in the first information report that the deceased was shot dead only because the first informant could not fulfill the demand for dowry made by the in-laws of the deceased.

The appellant was arrested on 16.5.2010. It has been alleged that a 315 bore country made pistol allegedly used in the crime was recovered at the instance of the appellant from near the dead body of the deceased. A recovery memo was prepared and a first information report registering Case Crime No. 102 of 2010 under Section 25 of the Arms Act was registered on 16.5.2010 at Police Station Bidhuna, District Auraiya.

Some jewelries were also allegedly recovered from the appellant while he was being arrested and it is alleged that the appellant had confessed that the said jewelries belonged to her wife which was removed from her body by the appellant after the deceased was murdered and some of those jewelries were given to Sanoj Kumar and Pankaj @ Chhote. A recovery memo of the jewelries was also prepared.

The inquest was prepared on 15.5.2010 at 06:15 p.m. showing that the dead body was found in the bushes near the graveyard.

It is the prosecution case that another 315 bore country made pistol, two gold rings and a Pulsar motorcycle with registration no. UP 79A - 2297 was recovered on 6.6.2010 at the instance of Sanoj Kumar s/ o Ahivaran Singh one of the co-accused in Case Crime No. 99 of 2010. The prosecution alleges that Sanoj Kumar confessed that the country made pistol recovered at his instance was used in the crime. A recovery memo was prepared and Case Crime No. 102 of 2010 under Sections 25 /27 Arms Act was registered against Sanoj Kumar.

The autopsy was done on 16.5.2010 at 03:00 p.m. The autopsy report showed the following ante-mortem injuries on the body of the deceased :-

“Firearm wound of entry 1 cm x 1 cm x bone deep on right cheek at 2 cm below the right lower eyelid margins inserted blackening out around th