IMPORTANT POINT
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence to prove guilt beyond reasonable doubt.

JUDGMENT :

ALOK KUMAR VERMA, J.

1. The Criminal Reference and these four Appeals have arisen from a common judgment and order dated 27.03.2018/30.03.2018, passed by learned Additional Sessions Judge, Vikasnagar, District Dehradun in Sessions Trial No. 39 of 2015 State of Uttarakhand vs. Raju Das and three Others. All the appellants-accused have been convicted for the offence punishable under Sections 302, 201, 392, 411 and Section 120B of the Indian Penal Code, 1860 (in short “IPC”).

2. The Trial Court has awarded death sentence to the appellant-accused Raju Das for the offence under Section 302 IPC and referred the matter to this Court for confirmation of the same in terms of the provisions of Section 366 of the Code of Criminal Procedure, 1973.

3. Appellants Kundan Das, Guddu and Bablu have been sentenced to undergo imprisonment for life and a fine of Rs.50,000/- each for the offence punishable under Section 302 IPC and in default of payment of fine to further undergo for two years each.

4. All the appellants have been sentenced to suffer rigorous imprisonment for a period of seven years each and a fine of Rs. 10,000/- each for the offence under Section 201 IPC, and in default of payment of fine, they have been directed to undergo further imprisonment for a period of six months. They have been sentenced to undergo rigorous imprisonment for a period of ten years each and a fine of Rs. 25,000/- each for the offence under Section 392 IPC and in default of payment of fine to further undergo imprisonment for a period of one year each. They have been sentenced to undergo rigorous imprisonment for a period of three years each and a fine of Rs.5,000/- each for the offence under Section 411 IPC and in default of payment of fine to further undergo imprisonment for a period of one month each. They have been further sentenced to undergo imprisonment for life along with a fine of Rs. 25,000/- each for the offence under Section 120B IPC, and in default of payment of fine, they have been directed to undergo further imprisonment for a period of one year.

5. The Criminal Reference will be treated as a leading case.

6. The prosecution case briefly stated is that Sub-Inspector Thakur Singh Rawat (PW4) was the officer-in-charge at Purola Police Station. On 31.10.2014, on receiving an information about the dead body of an unknown person in the bushes near the road, he reached on the spot along with other police personnel and conducted inquest proceedings. About seven feet long nylon rope (Material Ext. 48) and about four feet long white cotton cloth (Material Ext. 49) was tied around the neck of the deceased. The said nylon rope and white cotton cloth were seized by the police vide Memo (Ext. Ka.57). After preparing the inquest report (Ext. Ka.21), other formalities were performed to send the dead body for post-mortem examination.

7. The post-mortem examination of the dead body of the unknown person, aged about 32 years, was conducted by Dr. Bhagendra Singh Rawat (PW6) on 01.11.2014.

8. An FIR No. 15 of 2014 (Ext. Ka. 13) was lodged at Police Station Purola, District Uttarkashi on 10.11.2014 at 20.15 hrs pursuant to a written information (Ext. Ka. 1) received from Sub-Inspector Ravi Prasad (PW1). The FIR was registered by Constable Vikram Singh Tomar (PW2) against unknown person under Section 302 IPC and Section 201 IPC.

9. The investigation was handed over to Sub-Inspector Ravi Prasad (PW1).

10. Mriganka Das (PW9), resident of District Nadia, West Bengal, gave a report dated 29.10.2014 (Ext. Ka. 25) to Police Station Saket, New Delhi stating that his sister Moumita Das used to reside in Delhi. She went to visit Dehradun with her friend Abhijit Pal. His sister’s mobile phone number 08826454369 is switched off since 23.10.2014.

11. Durga Das Rathore (PW8), who was the Sub-Inspector posted at Saket Police Station, inquired into the said missing report. Call details of Moumita Das’s mobile phone number 8826454369 and Abhijit Pal’s mobile phone number 704271131