Circumstantial evidence can sustain a conviction for murder when the accused fails to provide a plausible explanation for the deaths of the victims, establishing guilt beyond reasonable doubt.

JUDGMENT

(Heard on 2^nd December 2021) (Delivered on 5^th January 2022)

Per se Vivek Rusia, J :

The appellants have filed the present appeal being aggrieved by the judgment dated 25.11.2006 passed by 4^th Additional Sessions Judge, Ujjain in Sessions Trial No. 309/2005 whereby they have been convicted u/s. 302 read with Section 149 of the IPC on two counts and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000 - 1,000/- each and in default of payment to further undergo 6-6 months additional RI.

The facts of the case, in short, are as under :

2. As per the prosecution story, the marriage of deceased Rajni @ Surekha was solemnized with appellant No.1 – Rajesh S/o. Laxminarayan (appellant No. 3)and Smt. Munnibai (appellants No. 4) on 12.5.1999 under Hindu rituals and customs. Before marriage, the deceased was residing in the house of her elder sister viz. Smt. Kusum Sharma (P.W.5) and her husband – Ramesh Kumar Sharma (P.W.6) in Ujjain. At the time of her marriage, a sufficient amount of dowry was given as per the capacity of the parents of the deceased. She was kept well by the in-laws for 3-4 months from the date of marriage. Thereafter, appellants have started torturing her for the demand of Rs.1,00,000/- and a motorcycle as a dowery. The deceased used to tell about cruelty and demand of dowry by the appellant to her parents while visiting their house at Sirnoj, District Vidisha. She also told the aforesaid demand of dowry and cruelty to her elder sister and brother-in-law (P.W.5 & P.W.6), but they used to send her back to the matrimonial house without reporting the matter to the police.

2. On 8.8.2005 at 2.15 am., the deceased-Rajni along with her 8 months daughter- Lata were found dead due to the burning inside the bedroom in suspicious circumstances. Appellant No.1 Rajesh and his brother Sunil (appellant No.2) were found extinguishing the fire with the help of other family members. Local inhabitants after noticing the smoke and fire reached the house of appellants and thereafter, the police and employees of the Madhya Pradesh Electricity Board also reached there. Appellant No.2 – Sunil lodged the report in Aarakshi Kendra Madhav Nagar, Ujjain which was registered Merg No.28-29/2005 on 9.8.2005. The said Merg was recorded by Rajendra Joshi (P.W.8). As per Merg investigation, Manoj Singh, SDOP (P.W.16) reached the spot and prepared Panchnama.Tehsildar – N.N. Pandey (P.W.10) was also called. 'Safina' form vide Exh. P/22 and P/23 were drew in presence of the witnesses. The photographer – Vinod Singh Rathore (P.W.3) reached and took the photographs vide Exh. P/4 to P/20. Naksha Panchayatnama was prepared vide Exh. P/24 and P/25 in the presence of Manoj Pathak (brother of deceased Rajni) and Ramcharan (P.W.12). Prima facie, both the deaths were found homicidal due to burning from kerosene oil. The dead bodies were sent for post-mortem. The autopsy was conducted by three doctors viz. Dr. Achlak Maharaja; Dr. P. Bhargava; and Dr. O.P. Gupta (P.W.1) gave a joint opinion about the cause of death vide report (Exh. P/1 and P/2). According to them, both the dead bodies were found100% burnt, hence the deaths were found to be homicidal.

3. The investigation carried out so far has led to the registration of the FIR at Crime No. 500/2005 u/s. 304-B and 34 of the IPC against all the appellants. The burnt clothes of both the deceased were collected from Civil Hospital and handed over to H.C.M. Gopal (P.W.11). The Tehsildar prepa