Conviction on circumstantial evidence requires such evidence to establish a complete chain pointing exclusively to guilt, without leaving doubt about the accused's innocence.

JUDGMENT :

Abdhesh Kumar Chaudhary, J.

1. The present Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) has been filed by the accused/appellant - Ajay Kumar, against the judgment and order dated 05.10.2015 passed by the Additional Sessions Judge, Court No. 9, Barabanki, in Sessions Trial No. 992 of 2011 (State Vs. Ajay Kumar) arising out of Case Crime No. 133 of 2011 wherein he has been convicted and sentenced for punishment under Section 302 of the Indian Penal Code for life imprisonment, along with fine of Rs. 20,000/- with default stipulation.

CASE OF THE PROSECUTION

2. The prosecution case can be succinctly narrated as that on 22.04.2011, the informant Omchand Yadav (P.W.-1) who was working as a watchman in village Chiloki, submitted a written complaint/Tehrir (Exhibit-Ka-1) at Police Station Safdarganj, District Barabanki, stating inter-alia that on the said date at about 11:00 PM, while he was on routine night patrol of the said village, certain villagers informed him that two dead bodies were lying in the Rakhuna Chiloki forest. The said informant on receipt of such information proceeded to the said place of incident along-with some villagers and on reaching the spot noticed that dead body of one woman was lying in a pit about 5 feet deep located at a field situated approximate 100 meters behind the Government Girls Inter College and a gamcha was also found wrapped around her neck and blood was oozing from her mouth. Further, at a distance of about 50 meters another dead body of a girl aged about 8–9 years was found lying in a drain, with a tukda of cloth tied around her neck. Various articles, including sarees, blouses, underwear, shirt and a bag, were found lying scattered at the place of incident. According to the informant, the condition of the bodies and the surrounding circumstances indicated that the victims had been murdered at the same very spot.

3. On the basis of the aforesaid written complaint/Tehrir (Exhibit-Ka-1), Case Crime No. 133 of 2011 under Section 302 of the Indian Penal Code was registered at Police Station Safdarganj, District Barabanki, against unknown persons and subsequently, the investigation of the case was started. The Investigating Officer after recording of the statement under Section 161 Cr.P.C. and on completion of the investigation, found material indicating the involvement of the accused/appellant Ajay Kumar. Thus, a charge-sheet (Exhibit-Ka-8) came to be filed against the said accused/appellant-Ajay Kumar, under Section 302 of the Indian Penal Code before the competent Court and after following the due process of law, the case came to be committed to the Court of Session for Trial vide order dated 18.07.2011.

4. The learned Trial Court, after being satisfied that a prima facie case was made out against the accused/appellant Ajay Kumar, framed the charge against him under Section 302 of the Indian Penal Code vide order dated 12.08.2011. The charge was r