NESAR AHMED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Bihar dated 14th December, 1990 confirming the conviction and sentence of the appellants for an offence under Section 302 /34 IPC.

(2.) On the basis of a fard-bayan recorded on the statement of Anjira Khatoon -PW-3, sister of the deceased, at about 8.30 PM on 16th April, 1986, investigation was taken in hand and at the conclusion of the investigation, the appellants along with two others (father and sister-in-law of appellant No. 1) were tried for offences under Sections 302 / 34 IPC and Section 201 IPC. The trial court, vide judgment dated 3rd October 1988 acquitted all the four accused for the offence under Section 201 IPC but convicted them for offences under Section 302 /34 IPC and sentenced them to undergo life imprisonment. On appeal, the High Court acquitted the father and sister-in-law of accused No. 1 by giving them benefit of doubt vide Judgment dated 14th December, 1990 but maintained conviction and sentence of both the appellants - husband and mother-in-law of deceased Aheleya Khantoon.

(3.) There is no eye witness in this case. The entire case is based on circumstantial evidence. It is settled law that, in a case based on circumstantial evidence, before the Court can record conviction, it must satisfy itself that circumstances from which an inference of guilt could be drawn have been established by unimpeachable evidence led by the prosecution and that all the circumstances put together are not only of a conclusive nature but also complete the chain so fully as to unerringly point only to the guilt of the accused and are not capable of any explanation which is not consistent with the hypothesis of the guilt of the accused. It is on the basis of these principles that we shall examine the circumstantial evidence relied upon by the prosecution in this case.