Prosecution must establish guilt beyond reasonable doubt, even when witnesses turn hostile; circumstantial evidence can lead to conviction if it excludes all reasonable hypotheses of innocence.

JUDGMENT :

J.J. Munir, J.

1. By this judgment, we propose to decide the present criminal appeal and the connected Criminal Appeal No.5320 of 2021, both of which arise out of a judgment and order of Ms. Deepika Tiwari, the then Additional Sessions Judge, FTC-I, Bulandshahr dated 25.10.2021 in Sessions Trial No.644 of 2019, State v. Tejveer and others. By the said judgment and order, the learned Trial Judge has convicted the appellants in both the appeals for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, ‘IPC’) and sentenced each of them to suffer imprisonment for life, besides ordering them to pay a fine of Rs.10,000/- each. In default of payment of fine, the appellant in default has been directed to undergo further rigorous imprisonment for a period of two years. At the same time, all the appellants have been acquitted of the charges under Sections 304-B, 498-A IPC and Section 3/4 of the Dowry Prohibition Act, 1961 (for short, ‘DP Act’). It is the conviction and sentence that each of the appellants challenge in the present appeal.

2. A First Information Report (‘FIR’ in short) was lodged by Chokhelal son of Kamal Singh, a resident of Chauganpur, Police Station Harduaganj, District Aligarh on 30.07.2019 at 5:45 p.m. with Police Station Ramghat, District Bulandshahr, saying that he had got married two of his daughters, Mamta and Chandrawati, to two brothers, Tejveer and Rakesh, both sons of Nanakram, a resident of Village Gangagarh, Police Station Ramghat, District Bulandshahr. He reported in his written first information that today, i.e. on 30.07.2019, his younger daughter, Chandrawati, called him over telephone to say that her sister, Mamta, had been given poison by Tejveer son of Nanakram, Rama daughter of Nanakram, Munni wife of Nanakram and Nanakram son of Kishori Lal, besides others, after conspiring amongst themselves, on account of demand of dowry and her sister not being able to bear a child. Chokhelal said that immediately upon receipt of this information, all family members reached Gangagarh by car, but by that time, the poison had overtaken the body. It is also said in the FIR that the informant’s daughter, Mamta, told him that her mother-in-law, father-in-law, husband and sister-in-law (Nanad) had forcibly made her drink poison. The informant added that they were rushing Mamta for medical aid to the hospital, when on way at Atarauli, she died. The FIR requested necessary action in the matter and added that Mamta’s dead body was with the informant in the vehicle parked in front of Police Station Ramghat.

3. On the basis of the said case, Crime No.106 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 of the DP Act, P.S.Ramghat, District Bulandshahr, was registered against the three appellants, besides Rama daughter of Nanakram.

4. An inquest was done on 30.07.2019 jointly by Sub-Inspector Chandrapal Singh from Police Station Ramghat, District Bulandshahr and Manoj Kumar Singh, Sub-Divisional Magistrate, Dibai, District Bulandshahr, in the presence of panch witnesses. An autopsy for the deceased followed, which was carried out on31.07.2019. The following ante-mortem injuries were noticed:

“(1) Puncture wound size 0.3x0.3cm on right side supra clavicular area present mid clavicular region.

(2) Puncture would size 0.3x0.3cm on right side neck 3cm above from right medial and of clavicle bone.

(3) Cotton swab with Licoplast tape present on right Dorsal Part of hand just below right wrist joint.

(4) Cotton swab with Licoplast tape present on right lower limb just on calf muscle.

(5) Injury No.(1) and (2) on explo