The prosecution must satisfy specific conditions in a case based on circumstantial evidence, and extrajudicial confessions made by the accused while in police custody are inadmissible.

Rajiv Sharma, J.

This criminal appeal is preferred against the judgment dated 18.10.2011 rendered by learned District & Sessions Judge, Champawat in Sessions Trial No.17 of 2010, whereby the accused/appellant was charged with and tried for the offences punishable under Sections 302 and 201 of IPC. He was convicted under Sections 302 & 201 of IPC. The trial court has sentenced the accused/appellant to undergo rigorous imprisonment for life with fine of Rs.10,000/- under Section 302 IPC and in case of default of payment of fine, to undergo rigorous imprisonment for a further period of two years. He was also sentenced to undergo seven years rigorous imprisonment with fine of Rs.5,000/- under Section 201 IPC and in case of default of payment of fine, to undergo rigorous imprisonment for a further period of six months. Both the sentences were ordered to run concurrently.

2. The case of the prosecution, in a nutshell, is that PW-1 Navin Chandra Joshi lodged the first information report on 08.05.2010 to the effect that his nephew Brijesh Joshi was student of B.A.-I. He left his house on 28.04.2010. They searched for him. On 08.05.2010 at about 9.00 p.m. Bhuwan Chandra S/o Devidutt and Suresh Chandra S/o Madhawa Nand told them that in the west side of the village in the field of Prem Ballabh Pardhyani in a small ditch, a part of body was visible and remaining body was buried in the earth and covered with grass and bushes. According to him, it could be the dead body of Brijesh. Thereafter, first information report was registered.

3. The dead body was sent for conducting the post mortem examination. Investigation was completed and the Challan was put up after completing all the codal formalities.

4. The Prosecution, in order to prove its case examined as many as nine witnesses.

5. Thereafter, the statement of the accused/appellant was recorded under Section 313 Cr.P.C. He has denied the case of the prosecution and claimed to be tried. Accused/appellant was convicted and sentenced as noted hereinabove. Hence, the present criminal appeal.

6. Learned Advocate appearing for the accused/appellant, has vehemently argued that the prosecution has failed to prove its case against the accused/appellant.

7. Learned Senior Addl. Advocate General appearing for the State, has supported the impugned judgment dated 18.10.2011.

8. We have heard learned counsel for the parties and gone through the judgment and record carefully.

9. PW-1-Navin Chandra Joshi testified that on 28.04.2010, his nephew Brijesh Joshi left his house. He went in the field for irrigation. He remained there at night. He was in the company of Ramesh Chandra Pardhyani, Suresh Chandra Pardhyani and Naresh Chand Joshi. Brijesh could not be traced on 29.04.2010. He informed his brother on 30.04.2010. On 08.05.2010 Bhuwan Pardhyani and Suresh Chand told him that they have seen a dead body in the ditch. They went there. They noticed a dead body buried in the earth. He noticed that it could be the dead body of his nephew. He informed his brother at Khatima. He also reached at the spot. Post mortem was conducted at Lohaghat. In the cross examination, he categorically admitted that from 28.04.2010 to 08.05.2010, no report was lodged.

10. PW-2 Maheshwari is the mother of the deceased Brijesh. She is the material witness. According to her, she had two sons namely Brijesh and Pradeep. Her husband was employed in Khatima. They were agriculturists. Her son Brijesh and she lived in the village. She has sent her son to Dairy at Sunar village. He came back at 08.30 a.m. Thereafter, she and Brijesh went to the field. Brijesh came back at about 11.00 a.m. in the house. Thereafter he went to jungle with cattle and came back at about 2.30 p.m. She and Brijesh ate food. Brijesh told that a pig was killed in jungle. Again, they went jungle and came back to their house at about 07.00 p.m. Thereafter, her son told her that he was going to the house of the accused namely Rakesh Pardhyani. Brijesh came back at