Circumstantial evidence must form a complete and unbroken chain pointing to guilt; the absence of independent corroboration and strong motive creates reasonable doubt.

Judgment

Chandra Dhari Singh, J.

1. The instant Criminal Appeal has been preferred by the accused-appellants namely Danna alias Ramesh and Barati against a judgment and order dated 03.09.1985 passed by learned Ist Additional Sessions Judge, Moradabad in Sessions Trial No. 550 of 1981, whereby the learned Judge convicted both the appellants for the offence under Sections 302/34 and 201 I.P.C. and sentenced them as under:

(a) Imprisonment for life for the offence under Section 302 read with Section 34 I.P.C.

(b) Rigorous imprisonment of three years for the offence under Section 201 I.P.C.

Both the sentences shall run concurrently.

2. Vide order dated 12.09.2018, passed by the co-ordinate Bench of this Court, the instant criminal appeal stands abated qua appellant no. 1-Danna alias Ramesh.

Brief Facts

3. The fact of the prosecution case is that a written report was filed on 16.09.1980 by Dr. Amit Rastogi, resident of Civil Line, Moradabad stating inter-alia that since 1979, Dassa alias Ramesh was employed at his residence for domestic work. Thereafter, in September 1979, Dassa alias Ramesh brought along with him two other persons, namely, Sohan and Barati and got them employed at his residence. Since then, all three had been working at his place. Sohan used to work in the dispensary, while the other two performed household duties. On the night intervening 14/15.09.1980, at about 11–12 midnight, while we were asleep, cries were heard from the room where these three servants used to stay. The cries appeared to say, “Babuji, save me.” Upon hearing the cries, he along with his father Dr. J.N. Rastogi and neighbors Kamal Rai Sharma and Girish Chandra Jaikwal woke up and came out. They made inquiries from the servants Dassa and Barati, who stated that they were asleep and had heard nothing. Upon asking about Sohan, they stated that he was sleeping. They searched around but, found nothing suspicious, they went back to sleep. In the next morning, only Barati came inside the house. Upon being asked about Sohan and Dassa, he stated that both had left early in the morning by train, and that he would go to the tailor to collect clothes. Thereafter, they all engaged in their respective work. However, Barati did not go to his room during the day, took his meals downstairs, and repeatedly visited the coal room without any apparent reason. This created suspicion and we questioned him about the other two servants, but he did not give any satisfactory reply and slept in the verandah instead of his room that night. Today, at about 11:00 p.m., upon hearing dogs barking and the sound of a rickshaw, he woke up and looked outside. He saw a rickshaw standing at the gate and Dassa alias Ramesh standing there. He stopped him and asked about the matter. He stated that he had come to take money for a ticket. Upon suspicion, he detained Dassa and called his neighbors Girish Chandra Jaikwal, Dr. J.N. Rastogi, and Kamal Rai Sharma. In their presence, when questioned about Sohan, Dassa confessed that he had committed a mistake and requested to be saved. He stated truthfully that few days back, three of them had gambled, in which Sohan had won Rs. 200/- and Barati had won Rs. 100/-. Sohan had given the money to someone known to him. When their own money was exhausted, they demanded money from Sohan, but