Convictions based on circumstantial evidence must establish a complete chain of events, and confessional statements are admissible if corroborated by recoveries.

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date: 10-04-2018

The present criminal appeal has been preferred for setting-aside the judgment dated 27^th May, 1995 passed by the 3^rd Additional Sessions Judge, Kaimur at Bhabua (hereinafter referred to as the learned 8Trial Court9) in Sessions Trial No.122/01 of 1990-1995.

2. The learned Trial Court has after framing the charges for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and further under Sections 364 and 201 of the against the accused Shyam Lal Yadav, Lalita Yadav @ Lalit Singh Yadav and Ram Bilash Yadav finally convicted all the three accused under the aforesaid provisions of the . They have been sentenced to undergo rigorous imprisonment for life under Sections 302 /34 of the . No separate sentence has however been passed under and 201 of the .

3. The appeal has been preferred by all the three convicts, however, during the pendency of the appeal the appellant Shyam Lal Yadav died. In the supplementary affidavit available on the record it is stated that the appellant no.1 Shyam Lal Yadav alias Shyam Lal Singh died on 13.10.2014, a death certificate has been enclosed in proof thereof. The present appeal, therefore, survives only in respect of appellant nos.2 and 3.

4. The prosecution case as appearing from the Fardbeyan of the informant Duleshwari Devi who is the wife of the deceased Gulab Yadav is that the husband of the informant had gone to Sasaram on 10.05.1988 along with his co-villagers accused Lalita Yadav @ Lalit Singh Yadav, Ram Bilash Yadav and Shyam Lal Yadav to attend the case at Sasaram Court. Ram Bilash Yadav and Laita Yadav @ Lalit Singh Yadav returned to the village on 13.05.1988 and when the informant inquired from them about her husband they did not give any satisfactory reply. It is alleged that the informant was told by Lalita Yadav@ Lalit Singh Yadav that the next date is fixed on 14.06.1998. The informant went on searching about her husband for another three to four days but she did not receive any information regarding her husband. It is alleged that when the informant again enquired from Lalita Yadav@ Lalit Singh Yadav and Ram Bilash Yadav about her husband, they gave a threat that he will oust the informant from her house and he would also remove her father-in-law and all the properties would be their properties. It is alleged that the informant gave information of this to her brother Sheo Singh and thereafter she went to the Adhoura P.S where she gave her statement before the Officer-in-Charge of the police station. Her statement was recorded, a formal F.I.R was drawn up and investigation started.

5. In course of investigation, the Investigating Officer inquired from accused Ram Bilash Yadav and one Alagu Yadav. He received information from Vishwanant Yadav (P.W.1) that accused Ram Bilash Yadav was wearing the H.M.T Janta watch of the deceased and the said accused Ram Bilash Yadav made confessional statement before the I.O as well as extra judicial confession before the witnesses stating that all the three accused persons had entered into a criminal conspiracy for murder of Gulab Yadav and in conspiracy they have committed the murder of Gulab Yadav in the forest. On the confessional statement of accused Ram Bilash Yadav the I.O went to the forest along with the accused Ram Bilash Yadav and from the site of the occurrence as disclosed by Ram Bilash Yadav the clothes, bones and skeleton of Gulab Yadav were recovered. Ram Bilash Yadav was produced before the Magistrate at Bhabua where his statement under Section 164 of the Cr.P.C was recorded.

6. After investigation police submitted a charge-sheet in the case, the case was committed to the Court of 1^s