In cases based on circumstantial evidence, a conviction is sustainable if the prosecution establishes a complete, unbroken chain of events that leads only to the hypothesis of the accused's guilt, and the plea of alibi, if raised, must be supported by positive, consistent, and irrefutable evidence.

JUDGMENT :

Rajnish Kumar, J.

(1) The instant criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (here-in-after referred to as “Cr.P.C.”) has been filed by the accused/convict/appellant, Jagdish, assailing the judgment and order dated 29.10.2014 passed by Special/Additional Sessions Judge, Court No.4, Raibareli, in Sessions Trial No. 536 of 2008; State Versus Jagdish, emanating from Case Crime No. 145 of 2008, under Sections 302 of the Indian Penal Code, 1860 (here-in-after referred to as “I.P.C.”), Police Station Fursatganj, district Raebareli, whereby learned trial Court convicted and sentenced the accused/appellant to undergo under Section 302 I.P.C. to life imprisonment and a fine of Rs.10,000/-. In default of payment of fine to undergo additional one year’s simple imprisonment. It has also been provided that on payment of fine, the same would be disbursed to the children of the deceased.

(2) The prosecution case, in brief, is that complainant, Ramdeen, had submitted written report (Ext. Ka.1) at police station Fursatganj, district Raebareli, on 30.04.2008, alleging therein that he is resident of village Khairhana, police station Fursatganj. His in-laws’ house is in village Tinera, hamlet of Tendua. He along with his children is living in village Tinera. His daughter Anita Devi was married about three years ago to Jagdish son of Babulal, resident of village Guru Ka Purwa, hamlet of Tendua. His daughter is the mother of a child. After the birth of a girl child, his son-in-law remains angry with his daughter and used to say to his wife to give the government money Rs. 1400/- received on the birth of girl. On 29.04.2008, at about 8:00 in the evening, his son-in-law came to his house and stayed there. His daughter prepared food and served it to him. After some time, he (accused Jagdish) told to his daughter that he needed to go for defecation and asked her to bring water in a mug (lota). His daughter, being simple in nature, brought water. He, then, told her to come along with the mug (lota) of water. Both, his daughter and his son-in-law, went towards the northern fields. Today on 30.04.2008, small children of village came to his house and informed his wife that the dead body of her daughter Anita Devi was lying in the field of Dadan. He and his wife went there and saw their daughter lying dead. His son-in-law has killed his daughter by pressing her neck with his hands and there were several injuries on her body and blood had also come out. Report may be written and necessary action may be taken.

(3) On the basis of aforesaid written report (Ext. Ka.1), F.I.R., bearing Case Crime No. 145 of 2008, under Section 302 I.P.C. was registered at police station Fursatganj, district Raebareli on 30.04.2008 at 10:30 A.M.

(4) The investigation was conducted by S.I. Prem Pal Singh. He, after recording the statement of complainant, his wife Prema Devi and other witnesses, had prepared the site plan on the pointing out of complainant on 30.04.2008 itself. On 30.04.2008, Naib Tehsildar Tiloi Rampal Tiwari had prepared the inquest report of the dead body of the deceased