The main legal point established in the judgment is the requirement for a complete chain of circumstances in cases based on circumstantial evidence, and the inadmissibility of extra-judicial confessions made before police personnel.

Rajiv Sharma, J.

1. This appeal is instituted against the judgment dated 20.03.2012 and order dated 26.03.2012 rendered by learned Sessions Judge, Nainital in S.T. No.180/2006, whereby the appellants/accused, who were charged with and tried for the offence punishable under Sections 302 I.P.C., were sentenced to undergo imprisonment for life with fine of Rs.10,000/- under Section 302 of I.P.C., and in default of payment of fine, they were directed to undergo additional imprisonment for a period of six months.

2. Case of the prosecution in a nutshell is that on 14.6.2006 at 13:00 hours, an F.I.R. was lodged by PW3 Head Constable Vinod Kumar at P.S. Kathgodam to the effect that while on 14.6.2006 at 10:30 hours, when he along with Constable Radha Krishna Joshi and Constable Pradeep Joshi was on watch and ward duty at Forest Barrier Hedakhan Chorgalia Road, they received information through an informant that three persons along with one lady were going on foot towards Hedakhan forest area. This information created a doubt in the mind of police officials. After some time, three persons were seen coming at a distance of about one and half kilometer near the forest barrier towards Hedakhan road. After seeing the police persons, they turned back and began to flee towards the forest. Police persons followed them and at a distance of about 100 steps towards the steep forest, two persons were apprehended and one managed to escape. On being enquired, those two persons confessed to have committed the murder of Km. Pooja, daughter of accused Mahendra Pal and sister of Ravi Pal. They further disclosed that the person who escaped was Indra Pal. The manner, in which the deceased was killed, was narrated by them to the police personnel. Thereafter, the body was recovered and the F.I.R. was registered. The third accused was also apprehended.

3. Body was sent for post-mortem. PW2 Dr. R.A. Kediya conducted post-mortem examination. Case property was taken into possession including the knife and bloodstained clothes. Investigation was completed and Challan was put up after completing all the codal formalities.

4. Prosecution has examined as many as five witnesses to support its case.

5. Accused/appellants were also examined u/s 313 Cr.P.C. According to them, they were falsely implicated. Accused Mahendra Pal explained that he went to the police station to lodge the FIR since his daughter was missing. But the police persons detained them and obtained signatures on blank papers.

6. At the end of trial, the accused were convicted and sentenced by the Trial Court, as noticed hereinabove. Hence this appeal.

7. Learned counsel appearing on behalf of the appellants has argued that the prosecution has failed to prove its case against the accused beyond reasonable doubt.

8. On the other hand, learned Deputy Advocate General, appearing for the State, has supported the judgment dated 26.3.2012.

9. We have heard learned counsel for the parties and gone through the impugned judgment and lower court record very carefully.

10. PW1 Rakesh deposed that he knew the deceased Pooja Pal for 8-9 months. She was his neighbour. He never visited her house. He never met her in the market place. He was beaten up by Mahendra Pal (decease’s father) and Ravi Pal (brother) on the suspicion that he had relations with Pooja. Thereafter, Pooja was murdered by Mahendra Pal and Ravi Pal. In the cross-examination, he has admitted that he has not seen anyone killing Pooja. He has further stated that he has given the statement, about killing of Pooja by the accused on hearsay.

11. PW2 Dr. R.K. Kedia has conducted the post-mortem examination on the body of deceased Pooja. According to him, the cause of death of deceased was due to asphyxia and hemorrhage as a result of ante-mortem injuries. According to him, deceased had died on 14.6.2006 before 1 PM.

12. PW3 H.C. Vinod Kumar is the star witness of the prosecution. According to him, on 14.6.2006, he was posted at P.S. Kathgodam. He along wi