In cases resting on circumstantial evidence, the chain of circumstances must be complete, unbroken, and point unerringly to the guilt of the accused. Procedural lapses, such as failed recovery testimony and compromised forensic chain of custody, invalidate the evidence and necessitate acquittal.

JUDGMENT :

R.T. VACHHANI, J.

1. Being aggrieved and dissatisfied with the judgment and order dated 07.08.2013 passed by learned Sessions Court, Bhavnagar Camp at Botad in Sessions Case No.53 of 2012, the present appeals being Criminal Appeal No.1220 of 2013, has been preferred by the appellant-accused No.2 and Criminal Appeal No.621 of 2014, has been preferred by the appellant-accused No.1.

2. The appellants-accused have been sentenced for the offence punishable under Section 302 of the Indian Penal Code (“IPC” for short), to undergo rigorous imprisonment for life, as well as fine of Rs.5000/- each, in default of which, to undergo 1 year simple imprisonment. The appellant-accused No.1 has further been sentenced for the offence under Section 135 of the Bombay Police Act, to undergo 1 year simple imprisonment and a fine of Rs.500/-, in default of which, to undergo 15 days simple imprisonment. As both the appeals arise out of common judgment, the same is being decided by a common judgment.

3. The brief facts leading to the filing of the present appeals are as under:

3.1. The prosecution case, in brief, is that the marriage of the sister of accused No.1 Rajubhai (namely Dharmishtha) was fixed with Pravinbhai Talshibhai residing at Than, which was arranged by the deceased Dhirubhai Zaverbhai Satani. Accused No.1 Rajubhai was informed by the deceased that it was the second marriage of Pravinbhai, however, subsequently, accused No.1 came to know that it was the fourth marriage of Pravinbhai, keeping grudge on this count, on 20.12.2011 between 17:00 hours and 17:15 hours, accused No.1 called the deceased Dhirubhai Zaverbhai at Botad Swaminarayan Gurukul City Bus Stop on Gadhada Road, inflicted knife blows on his abdomen and chest, causing his intestines to protrude, resulting in his death. Accused No.2 assisted by taking the appellant-accused No.1 on motorcycle from the scene of offence and helping accused No.1 to escape.

3.2. On the same day i.e. 20.12.2011, the complainant Maheshbhai Dhirubhai gave information regarding the offence, pursuant to which Botad Police registered First Information Report being C.R. No.171 of 2011. Investigation was carried out by the police officer concerned, during which evidence was collected and accused persons were arrested.

3.3. After completion of investigation, charge-sheet was filed before learned Judicial Magistrate First Class, Botad, being Criminal Case No.110 of 2012. Since the offences were exclusively triable by the Court of Session, learned Judicial Magistrate First Class, Botad committed the case to learned Sessions Court, where it was registered as Sessions Case No.53 of 2012.

3.4. Upon framing of charge for the aforesaid offences, the accused pleaded not guilty and claimed trial. The prosecution adduced evidence in support of its case. The learned Sessions Court after completion of trial and upon scrutinizing the evidence at length, convicted the appellants-accused. Hence, the present appeal is preferred.

4. We have heard learned advocates for the respective parties and carefully examined the oral and documentary evidence adduced before learned Sessions Court