The main legal principle established in the judgment is that circumstantial evidence must be firmly established and lead to only one inference of guilt that is incompatible with the innocence of the accused. The court emphasized the need for a complete chain of evidence and the exclusion of any reasonable likelihood of the innocence of the accused.

JUDGMENT :

Kuldip Chand Sood, J.

This appeal against acquittal is directed the judgment of learned Additional Sessions Judge (2) Kangra at Dharamshala dated January 14, 1993.

2. In brief, the prosecution case is :

3. Jito Devi aged about 26 years was living with her father Nanak Chand (PW2) at village Belalnodora in Tehsil Indora of District Kangra. Jito Devi was unmarried. On July 24, 1990, she left her village in the company of Kamlesh, her brother's wife and daughter of Kamlesh aged about 8 years for Hajipur to purchase cloth for the uniform of children of Kamlesh. Kamlesh returned back home in the evening. However, Jito accompanied by her niece, (daughter of Kamlesh) went to the house of her elder sister Tarsemo Devi (PW12) in village Bhagnal, Tehsil Dasuya in Punjab. She spent the night with her sister. On the next morning, Bahadur Singh (PW 13) gave lift to Jito Devi on his bicycle and left her at Tanda Moar at about 8.30 a.m. Jito Devi did not reach home. On July 28, 1990, a female dead body was noticed by Lal Chand (PW8) in river Beas at old Pattan near Bakrarwan on the banks of river Beas. Lal Chand informed the Police. The dead body was fished out by A.S.I. Suresh Chand, Incharge of Police Post Thakurdwara (PW18). In quest report was prepared by him. He informed the nearby villagers about the discovery of female dead body. Dead body was unidentifiable and was not identified by any person. Assistant Sub Inspector Suresh Kumar sent the dead body for post-mortem to Nurpur Hospital and thereafter cremated the dead body. On August 5, 1990, Nanak Chand, father of the deceased, lodged a report with the Police in terms of "Exhibit P8" on the basis of which formal F.I.R. "Exhibit P19" was recorded by the Station House Officer, P.S. Indora. The photographs of the dead body, recovered by the Police on July 28, 1990 from River Beas identified by Nanak Chand to be that of Jito Devi were taken. He suspected that some unidentified person murdered his daughter Jito Devi and threw her body in the river Beas.

4. The case was investigated by A.S.I. Bhag Chand, then additional S.H.O. Police Station, Indora.

5. According to the prosecution case, Jito Devi was carrying pregnancy of six weeks from A-3 Kewal Krishan, at the time of her death. Jito Devi insisted on Kewal Krishan to marry her. Kewal Krishan wanted the pregnancy to be aborted. On July 25, 1990, Kewal Krishan with the help of his co-accused Al and A2 killed her by hitting her head with a stone and thereafter threw the dead body in the river Beas at the very place from where the dead body was recovered by the Police. It is the case of the Police that Al and A2 were engaged by A3 as labourers for the purpose of loading and unloading the truck of Al in which he used to carry boulders. It is also the case of the prosecution that A3 used to frequent the house of complainant Nanak Chand. He became intimate with Jito and developed illicit relations.

6. Learned trial Judge after appreciating the evidence on record concluded that the prosecution failed to link any of the accused with the killing of Jito Devi. He observed that the only evidence led by the prosecution was that deceased was last seen alive in the company of the accused on the evening of July 25, 1990 at Bakrarwan Pattan of river Beas at about 8.30 p.m. This circumstance observed learned District Judge was "open to suspicion". He also noticed that Dr. Sushma Sharma (PW1) who conducted the post-mortem did not rule out the death of Jito Devi by drowning.

7. Dis-satisfied with the acquittal, the State is in this appeal.

8. We heard Mr. P.M. Nego, learned Additional Public Prosecutor and Assistant Advocate General for the State and Pt. Om Parkash, Advocate, vice counsel for the respondents. We were also taken through the record.

9. Indisputedly, the entire case of the prosecution rests on circumstantial evidence. There is no ocular evidence. The circumstances on which conviction is sought are :

(a) Deceased was carrying pregnancy from A3