(1.) On the fateful night of May 12, 2002 Chandan Singh was shot dead while he was proceeding on a new Hero Honda Motor Cycle from village Nadbai to Useer. The appellants, three in number, were indicted for the alleged crime before learned Additional Sessions Judge (Fast Track) No.2, Bharatpur, who vide judgment dated Oct. 17, 2003 convicted and sentenced the appellants as under :
(2.) The prosecution case runs as under:-
(3.) Admittedly there is no ocular version of the incident and the prosecution entirely bases its case on circumstantial evidence. Learned counsel for the appellants canvassed before us that the circumstances relied on by the prosecution have not been satisfactorily established and that in any event the circumstances said to establish against the appellant do not provide , a complete chain to bring home the guilt against the appellants.