The main legal point established in the judgment is the requirement for the prosecution to prove criminal conspiracy beyond all reasonable doubts and the reliance on circumstantial evidence to establish intentional murder.

JUDGMENT

Prakash Chandra Gupta, J. - This judgment will dispose of Criminal Appeal No.1438/2010 and Criminal No.2147/2010. Since the court below passed the impugned judgment dated 28.06.2010, which are arising of the same incident, on the joint request of the parties, these appeals were analogously heard and decided by this common judgment.

2. These criminal appeals are directed against the judgment dated 28.06.2010 passed in Sessions Trial No.619/2009 passed by IXth Additional Sessions Judge, Bhopal. The Court below convicted the appellants under section 302/120-B of the IPC and sentenced them to undergo imprisonment for life and fine of Rs.5,000/-, with default stipulation to each of the appellants.

3. The prosecution story in nutshell is that one Sadaram (PW-14) gave intimation on 04.07.2009 to Police Station Pipalani, District Bhopal that one person is found dead near Dushehra ground and the dead body is full of blood, on this marg intimation (Ex.P/25) was registered. SHO R.R. Bansal (PW-18) on the same day i.e. 04.07.2009 at 8.30 am proceeded to the spot for the verification of the aforesaid intimation and found that a dead body was lying on Dushehra ground, in front of Akashwani Centre Jamboori. Pooran Singh (PW-5) identified that the body is of deceased Ramratan in presence of witnesses Sadaram (PW-14) and Achchhelal (PW-6). R.R. Bansal (PW-18) prepared Shinakhtagi Panchnama (Ex.P/13). R.R. Bansal (PW-18) after giving notice (Ex.P/10) prepared panchnama Lash (Ex. P/9). He also found that there are many cut injuries on the body of the deceased Ramratan. Therefore, he lodged a Dehati Nalsi (Ex.P/29) at 09.15 am against unknown person and on the basis of the same he also lodged an FIR (Ex.P/27) on the same day at around 10 am against an unknown person.

4. During investigation on 04.07.2009, at 11 am at the instance of Sadaram (PW-14), R.R. Bansal (PW-18) prepared spot map (Ex.P/14) at 11.10 am. He seized a pair of blood stained sleeper of the deceased, one was worn by him in his right foot and another was lying near his head, one receipt of Patna Tent House, a purse of brown colour containing Rs.1,500/- and one more receipt, two bandeds, a cycle key and a diary from the pocket of his pant and prepared a seizure memo (Ex. P/15). At 11.20 am, he seized three water pouches, two disposal glasses, two caps of wine bottles, one pen, one lighter, one matchbox having few match sticks on the spot vide seizure memo (Ex.P/16). He handed over the body of the deceased along with the letter (Ex.P/26) to Constable Basant Shrivastava (PW-17) for post-mortem. On 04.07.2009 Dr.Vimla Prajapati (PW-19) conducted post-mortem and gave post-mortem report (Ex.P/33). Dr. Vimla Prajapati (PW-19) after taking clothes of the deceased, sealed the same and handed over to the concerning constable for further examination. Head Constable Dileram Yadav seized sealed packets of the clothes of deceased from Constable Basant Shrivastava (PW-17) vide seizure memo (Ex.P/28).

5. On 04.07.2009, at 11.30 am, R.R. Bansal (PW-18) seized blood stained soil and plain soil vide seizure memo (Ex.P/17) at 11.50 am, he also seized a bicycle of the deceased from Ratnagiri Chauraha in front of Desi Kalari Anand Nagar Piplani, Bhopal vide seizure memo (Ex.P/18).

6. On 05.07.2009 SHO R.R. Bansal (PW-18) taken custody of appellant/accused Mulchand at 05.00 pm. During interrogation appellant Mulchand has made statment before the witnesses that he hide the knife in a sewage at Bus Stand Bhopal, hidden bottles of wine and beer near the pile of garbage in Jamboori ground Bhopal, have hidden a mobile phone in his village Chauka, District-Raisen and he washe the clothes which he worn that day and is wearing the same clothes. R.R. Bansal (PW-18) prepared memorandum (Ex.P/2). He seized a blood stained T- Shirt and Jeans pant produced by the accused Mulchand vide seizure memo (Ex.P/6). At 5.20 pm on the personal search of the accused Mulchand, SHO R.R. Bansal (PW-18) seized Nokia mobile phon