Circumstantial evidence must conclusively point to guilt; any reasonable doubt requires acquittal.

JUDGMENT

Crl.A.No.538/2014 has been preferred by accused Nos.1 and 6 and Crl.A.No.i322/2018 has been preferred by accused Nos.3 to 5, being aggrieved by the Judgment of Conviction and Order of Sentence passed by the 34th Addl. City Civii and Sessions Judge and Presiding Officer, Special Judge, Central Prison Premises in $.C.No.361/2000 dated 29.7.2005/30.7.2005.

2. Brief facts of the case of the prosecution are that on 19.5.1999 at house No.442, HBR layout, Kalyananagar, Bangalore, a male aged about 20 years was killed by some unknown persons when he was alone in the house and had taken away valuable ornaments from almirah. In the evening parents came to the house and noticed that deceased was lying in a pool of blood and the same was reported to the police as per Ex.P1. On the basis of the compiaint, case was registered in Crime No.353/1999 under Sections 454 , 392 and 302 of IPC and after investigation, chargesheet was laid against the accused persons. Thereafter, the case was committed to the Sessions Court.

3. The Sessions Court took cognizance and after hearing the learned counsel for the accused and the learned Public Prosecutor the charge was read over and explained to the accused. The accused pleaded not guilty and as they claimed to be tried, the trial was fixed. In order to prove the case of the prosecution, the prosecution got examined 13 witnesses and got marked 29 documents with sub-markings and also material objects 1 to 24. Thereafter, statement of the accused came to be recorded under Section 313 of Cr.P.C. by putting incriminating material as against the accused. Thereafter, the accused led the evidence of D.Ws.1 to 9 and during the course of cross-examination of P.W.4, they also got marked Ex.D1. After hearing the learned counsel for the parties, the impugned judgment of conviction and sentence came to be passed. Assailing the same, accused Nos.1 to 6 have preferred Crl.A.No.538/2014 and accused Nos.3 to 5 have preferred Crl.A.No.1322/2018.

4. We have heard the learned counsel for the appellants-accused and also the learned Additional State Public Prosecutor for the respondent-State.

5. It is the contention of the learned counsel for the appellants-accused that there are no eyewitnesses to the aileged incident. The entire case rests on the circumstantial evidence. Even the prosecution has mainly relied upon the recovery of the articles at the instance of the accused. He further submitted that though the prosecution has relied upon the recovery, the recovery has not been proved in accordance with law. He further submitted that the investigating officer who came to be examined as P.W.11 has not specifically deposed the words which have been used to by the accused while recording the voluntary statement and before the Court the same words have not been specifically stated. Under such circumstances, the evidence of P.W.11 in so far as recovery is concerned is not acceptable. He further submitted that P.W.7 is the panch witness to the recovery mahazars Exs.P7 to P10 and he is not a worth believable witness, since during the course of cross-examination he himself has admitted the fact that he has signed more than 25-30 mahazars. He further submitted that when the accused persons were retained in custody beyond the period which is statutcrily prescribed and their voluntary statements have been recorded and at the instance of the accused the recovery proceedings have taken place, the same is not sustainable in law. P.Ws.1 and 2 have not specifically stated the seized articles belong to them and even no evidence either direct or indirect has been produced in this behalf to show that the said articles belong to them. In the absence of said material, the recovery which has been made by the police is also not sustainable in law. In so far as accused No.6 is concerned it is submitted that as on the date of alleged incident he was a juvenile and the benefit of juvenile should have been given to him. Not giving the benefit to