Circumstantial evidence must form an unbroken chain that conclusively establishes the guilt of the accused, without leaving room for reasonable doubt regarding their innocence.

JUDGMENT

Bhavadasan, J, Two persons, the appellants in these criminal appeals, were sought to be prosecuted for the offences punishable under Sections 394 , 302, 201 and 120B read with Section 34 of the Indian Penal Code . They were found guilty of the offences alleged against them. They were therefore convicted and sentenced to suffer imprisonment for life for the offences punishable under Sections 120B and 302 read with of the . They were also sentenced to suffer rigorous imprisonment for seven years for the offences punishable under and 394 read with of the . They were also sentenced to undergo rigorous imprisonment for four years for the offences punishable under Section 120B and 201 read with of the IPC .

2. P.W.1 and P.W.37 are the paternal uncles of Pintu aged 19 years, who was the unfortunate victim in this case. The deceased, P.W. 42, his brother, P.W.1, paternal uncle of the deceased and P.W.6 together occupied Rajadhani Buildings at Gopalaprabhu Road in Ernakulam. P.W.37 who was residing in Asoka Flat was doing business in gold ornaments. Both Pintu and the first accused used to undertake distribution of gold ornaments given by P.W.37 to various jewellery shops in the State. Pintu and the first accused used to supply gold to customers on their demand and receive the price for the same. As usual, on 21.12.2001 also, Pintu met P.W.37 and received the gold ornaments to be supplied to Thekkekara Jewellery at Changanacherry. After taking lunch, he set out to Changanacherry. By about 5 p.m. on the same day P.W.42 contacted Pintu over phone. Pintu told him that he had managed to collect amounts from various jewelleries at Changanacherry. By

7.30 p.m. Pintu informed him that he was able to collect Rs.6,00,000/- and that he would return soon. Unfortunately Pintu did not return as promised. P.W.42 tried to contact Pintu as night advanced and Pintu did not return. But he was unable to get Pintu. P.W.42 got in touch with P.W.37 and conveyed that though Pintu had called him at about 7.30 p.m. and told him that he was returning home at Ernakulam, he had not come home. P.W.37 asked P.W.42 to get in touch with the friends of Pintu. P.W.42 got in touch with several friends of Pintu, but he got negative replies. He had called the first accused also. But the first accused did not respond. P.W.42 and P.W.30 enquired in the Railway Station and Bus stand. On the next day one Suresh Bhai and P.W.30 went to Changanacherry by about 10.30 a.m. Meanwhile P.W.2 came to the house of Pintu. When news about Pintu was conveyed to him, he said that he had on the previous day contacted Pintu from Mavelikkara Railway Station to ascertain whether Pintu was coming by train to Ernakulam. P.W.2 told P.W.42 that Pintu told him that he was not coming by train but in a Maruti Van along with two of his friends. On 23.12.2001 by about 5 p.m. in the evening P.W.5 Anil Kumar had come to the house of Pintu and told P.W.42 that he had occasion to see Pintu getting into a blue Maruti car with Goa registration by about 7.45 p.m. on 22.12.2001. P.W.5 also told him that he had seen first accused sitting in the rear seat of the car. There was yet another person in the car whom he could not recognize. Jagadeesh and Suresh Bhai went in search of first accused and found his house locked. In the meanwhile, on 23.12.2001 by about 1.30 p.m. P.W.1 had laid First Information Statement before the police. A crime was registered under the caption 'man missing'.

3. On 26.12.2001 Jagadeesh happened to see a news item about a dead body found within the jurisdiction of Mulanthuruthy Police Station. P.W.42, Jagadeesh and Praveen Bhai went to the Mulanthuruthy Police Station to ascertain whether the dead body was that of Pintu. They were told that the body has been buried. If they so wanted, they can get the body exhumed. P.W.37 made a formal request and the same was allowed. Meanwhile, they had identified M.Os. 1 to 3 recovered from the body of Pintu when his body was fo