JUDGMENT 1. This appeal has been directed against the judgment dated December 17, 1971 of the learned Sessions Judge, Balotra, whereby he convicted the accused-appellant Bhoora Nath for committing the murder of Janu Khan under section 302 Indian Penal Code and sentenced him to rigorous imprisonment for life and to pay a fine of Rs. 200/-; in default of the payment of which to further undergo simple imprisonment for three months. He was also convicted under sections 397 and 201 I.P.C and was sentenced to various terms of imprisonment. All the substantive sentences were ordered to run concurrently. 2. The prosecution story in a nutshell is that on December 8, 1970 the accused-appellant inflicted injuries on the person of Janu Khan (since deceased) with a `danda' Ex. 5. He also caused incised wounds on the person of Janu Khan (deceased) with a razor Ex. 13, cut the ear-lobes and removed the ear-rings. A finger ring and a purse Ex. 7, containing a receipt Ex. P. 17 were also removed from the person of Janu Khan (deceased). Janu Khan (deceased) used to graze his herd of sheep on the bank of looni river in the vicinity of village Bhooka near Bajna Dara. On the fateful day he had gone to graze his herd of sheep but in the evening the herd of sheep returned without Janu Khan on which PW 2 Ali got suspicious. He, in the company of Suman, Ramjan, Raythan and Ibrahim went in search of Janu Khan. When they reached near Bajna Dara, they noticed a pair of shoes, a small stick, pieces of glass and blood stained earth. The footprints of a bare-footed man were also visible. Following the footprints the search party reached up to the river. PW 1 Haji Sumar was sent to the Police Station, Sindari, who returned on the next morning with Prem Singh. After the arrival of the police the dead body was brought out of the river. A number of injuries were noticed on the dead body of Janu Khan. The ear-lobes were also found cut. Ear-rings and the finger-ring which the deceased used to wear were found missing from the dead body of Janu Khan. The purse containing Rs. 200/- and the `angocha' which Janu Khan (deceased) had taken with him while leaving his house were also found missing from the dead body. The ear-lobes were also found cut. Ear-rings and the finger-ring which the deceased used to wear were found missing from the dead body of Janu Khan. The purse containing Rs. 200/- and the `angocha' which Janu Khan (deceased) had taken with him while leaving his house were also found missing from the dead body. A first information report of this occurrence was lodged at the Police Station. Sindari at 10 A. M. on December 9, 1970. The first information report is Ex. P. 1. The station House Officer reached the scene of occurrence at 1 p. m on December 9. 1970 and took investigation in his hand. He prepared site-inspection memo Ex. P. 4 and site-plan Ex. P. 40. A pair of shoes Ex. 3, a small stick Ex. 4, and pieces of glass belonging to the deceased were seized and sealed. The seizure memo is Ex. P. 7. The blood-stained earth lying nearby was also seized and the seizure memo is Ex. p. 6. The inquest report is Ex. P. 5. The autopsy on the dead body of the deceased Janu Khan was performed by PW 31 Dr. Laxtnan Singh. The post-mortem report is Ex. P 24. At a distance of nearly 600 pawandas from the place of occurrence a broken `danda' Ex. 5 was found lying, and as there were marks of blood on it, the same was seized and sealed on the spot. The seizure memo is Ex. P 9. The footprints going from the place of occurrence up to the river were also lifted by taking moulds of these footprints. The Panchnama regarding that prepared on the spot is Ex. P10. On December 17, 1970 accused Bhoora Nath was apprehended. The arrest memo is Ex. P 13. On December 19, 1970 the accused expressed his desire to get the pair of ear-rings Ex. 1 and finger-ring Ex. 2 recovered from PW 11 Jawer Chand with whom he had pledged them. The information memo is Ex. P 41 and the recovery memo is Ex. P 12. On December 24, 1970 the accused expressed his desire to get the `angocha' Ex. 11 belonging to the deceased and razor Ex. 13 with which the injuries on the person of Janu khan (deceased) were caused and a shirt Ex. 12 recovered. The information was reduced into writing and the information memo is Ex. P 43. P 12. On December 24, 1970 the accused expressed his desire to get the `angocha' Ex. 11 belonging to the deceased and razor Ex. 13 with which the injuries on the person of Janu khan (deceased) were caused and a shirt Ex. 12 recovered. The information was reduced into writing and the information memo is Ex. P 43. The accused took the police party to Mansanath, who produced the razor Ex. 13. shirt Ex. 12 and `angocha' Ex. 11. The seizure memo is Ex. P. 15. All these articles were seized and sealed on the spot. On December 25, 1970 the accused expressed his desire to get the bag recovered from Sohan Nath with whom he had placed it. The information memo is Ex. P 44. In consequence of the information the Police went with the accused to Sohan Nath who produced the bag. The recovery memo is Ex. P 16. On December 27, 1970 the accused again expressed his desire to get the purse belonging to the deceased Janu Khan recovered from the place of its concealment. The information memo is Ex. P 46. In pursuance of the information the Police party went with the accused, who took them to mile stone No. 11 and after digging a pit in the field of Bija Rebari brought out the purse Ex. 9. The purse contained a receipt Ex. P 17, alleged to have been executed by Misariya, a goldsmith, in favour of Janu Khan (deceased). The recovery memo is Ex. PH. The razor Ex. 13, `angocha' Ex. 11 and `danda' Ex. 5, cuttings from the `chaddar'and the blood stained earth were sent to the chemical analyser and the serologist. The report of the chemical analyser is Ex. P 49 and the report of the serologist is Ex. P 48. A pair of ear-rings Ex. 1 and finger-ring Ex. 2 were got identified in test identification in the presence of the Sub-divisional Officer, Balotra on January 5, 1971. The identification memo is Ex. P 3. The Police after usual investigation submitted a challan against the accused-appellant in the Court of Munsiff Magistrate, Balotra, who after taking proceedings under S. 207 A, Cr. P. C committed the accused to the Court of Sessions Judge, Balotra to stand rial. The accused pleaded not guilty to the charge. 3. The prosecution in support of their case examined 37 witnesses. P. C committed the accused to the Court of Sessions Judge, Balotra to stand rial. The accused pleaded not guilty to the charge. 3. The prosecution in support of their case examined 37 witnesses. The accused denied his complicity in the crime. He pleaded alibi and examined four witnesses in support of his defence. The learned Sessions Judge found that the prosecution case against the accused was proved beyond any shadow of doubt. He held that the accused Bhoora Nath was seen with `Danda' Ex..5 and bag Ex. 6 in the vicinity of Janu Khan's `Dhani' prior to the incident by PW 2 Ali and PW 35 Khinya Ram. He further held that the `Danda' Ex. 5 was recovered at a distance of nearly 600 pawandas from the place of occurrence, and it was found in two pieces stained with blood. Injuries Nos. 4 and 6 mentioned in the post-mortem report of Janu Khan (deceased) could be caused by Ex. 5. The pair of ear-rings Ex. 1 and finger ring Ex. 2 which were worn by the deceased Janu Khan were recovered in consequence of the information given by the accused at his instance from PW 11 Jawer Chand with whom the accused had pledged them. All these articles were identified by PW 2 Ali, PW 14 Subhan, PW 17 Murid and PW 23 Misra to be those of the deceased Janu Khan in the identification parade as well as in the court. He further held that the razor Ex. 13 was recovered in consequence of the information given by the accused from the place of its concealment and it was found to be stained with human blood. The injuries Nos. 5, 7 and 8 mentioned in the post-mortem report Ex. P 24 could be caused by razor Ex. 13. The purse Ex. 7 with the receipt Ex. P 17 was also recovered in consequence of the information given by the accused-appellant Bhoora Nath. Chance prints on the pieces of glass, found at the place of occurrence, were also found identical with the right middle-finger prints of the accused-appellant Bhoora Nath and the footprints found on the place of occurrence leading the river from where the dead body of deceased Janu Khan was recovered were also found indentical with the footprints of the accused. 4. 4. On the basis of the above-mentioned findings the learned Judge found the accused-appellant guilty and convicted and sentenced him as mentioned above. 5. Aggrieved with the above judgment the convicted accused-appellant has challenged his conviction and sentences by this appeal. 6. It cannot be disputed and has not been rightly disputed by the learned counsel for the accused-appellant appearing as amicus curiae that Janu Khan (deceased) received the injuries noted in the post-mortem report Ex. P 25 at the time and place alleged by the prosecution. PW 31 Dr. Laxman Singh who performed the post-mortem examination on the dead body of Janu Khan (deceased) found the following injuriesWounds 1. Incised wound l1/2 "x 1/2" x 1/2" in centre of fore-head vertically extending from the bridge of nose to fore-head. 2. Incised wound 1" x 1/2" x 1/2" about 1/2" laterally to injury No. 1 on right side. 3. Incised wound 3/4"x 1/4 x 1/2" about 1" laterally to injury No. 2 on right side. 4. Abrasion l"x 1/2 on right eye-lid. 5. Incised wound 1"x J" horizontally just below left lower eye-lid. 6. Abrasion l"x 1/2" on left upper eye-lid. 7. Incised wound 1/2" x 1/4" x 1/4" on left side of neck just below the angle of mandible. 8. Both ear lobes cut away by sharp weapon leaving incised wounds. Bruises 1. Bruise 2"x 1" on left side of neck on the side of the wind pipe. 2. Bruise 11/2 x 1 on right side of neck near the wind pipe. On dissection of the neck effusion of the blood was found in sub-cutaneous tissue below the bruised area. Cranium and spinal cord 1. Fracture of frontal bone over right supra orbital area. 2. Fracture of nosal bone at the bridge. Brain membranes were torn below the fracture site. 7. The death of Janu Khan (deceased) in the opinion of PW 31 Dr. Laxman Singh was caused by shock and asphyxia combined. The injuries inflicted on the body of the deceased Janu Khan were sufficient in the ordinary course of nature to cause death. 8. Mr. N. P. Gupta, learned counsel for the accused-appellant, appearing as amicus curiae has urged that the entire case is based on circumstantial evidence. There are certain outstanding features of this case which according to him are sufficient to throw doubt on the entire case of the prosecution. 8. Mr. N. P. Gupta, learned counsel for the accused-appellant, appearing as amicus curiae has urged that the entire case is based on circumstantial evidence. There are certain outstanding features of this case which according to him are sufficient to throw doubt on the entire case of the prosecution. He urged that the witnesses examined on behalf of the prosecution are interested and got up witnesses, and the evidence in the case is not sufficient to bring home the guilt to the accused-appellant Bhoora Nath. The Additional Advocate General, appearing on behalf of the State, has supported the judgment of the trial court. 9. As regards the deceased being last seen in the company of the accused prior to his murder, the learned counsel urged that the only evidence relied upon on this point is the statement of PW 22 Lekha Ram. Th.is witness was examined by the police after 19 days of the occurrence. In between the date of the occurrence and his examination by the police, the witness has not narrated this fact regarding the incident to anybody and as such he should not be relied upon. We find force in this contention. No cogent explanation has been given by the prosecution why PW 22 Lekha Ram could not be examined by the police shortly after the occurrence. 10. The explanation given by the learned Additional Advocate General that the police remained busy in searching out the accused and as such this witness could not be examined, cannot be of any avail to the prosecution because such an explanation can be given in each and every case regarding the delayed examination of any witness &by the Police. We have gone through the statement of this witness and we are of the opinion that it cannot be held beyond doubt that this witness had seen the accused in the company of the deceased on the date of the occurrence prior to his murder. 11. The other important circumstances relied upon by the prosecution and the trial court to connect the accused-appellant with the crime is the recovery of the pieces of glass from the scene of occurrence having chance prints of the finger of the accused. 11. The other important circumstances relied upon by the prosecution and the trial court to connect the accused-appellant with the crime is the recovery of the pieces of glass from the scene of occurrence having chance prints of the finger of the accused. The learned counsel for the accused has vehemently urged that there is no evidence on the record to hold that the finger prints with which the chance prints found on the pieces of glass recovered from the scene of occurrence were compared were those of the accused. PW 32 Surajnarain, photographer, stated that he had taken the photographs of the thumb-impression of the accused marked "S" on Ex. P 26, whereas, the report of the finger print Bureau Ex. P 47 shows that the chance prints found on the scene of occurrence and marked as "Q" were similar to that of the specimen print of the right middle finger "S" of the suspect Bhoora Nath. 12. On the basis of the above-mentioned contradictions and the infirmity in the prosecution evidence, as has already been pointed out, the learned counsel for the accused urged that this circumstance cannot be used against the accused We find force in this contention. It was the duty of the prosecution to prove that the finger prints marked on Ex. P 26 were those of the accused and that they were taken in the presence of the Magistrate on January 5, 1971. Unless it is proved by reliable and cogent evidence that the chance prints on the pieces of glass found at the scene of occurrence were compared with the proved finger prints of the accused, the evidence of chance prints cannot of any avail to the prosecution. PW 32 Suraj narayan failed to state that the finger prints of the accused were taken by the Sub-divisional Magistrate, Balotra in his presence. There is no other evidence on record to prove it. No doubt the evidence required to be led was of a formal character. Nevertheless it is an essential requirement of the law. In the case on hand due to the absence of a positive proof to the effect that the chance prints were compared with the admitted of proved finger prints of the accused, no reliance can be placed on this circumstance, to connect the accused with the crime. 13. Nevertheless it is an essential requirement of the law. In the case on hand due to the absence of a positive proof to the effect that the chance prints were compared with the admitted of proved finger prints of the accused, no reliance can be placed on this circumstance, to connect the accused with the crime. 13. Out of the remaining circumstances the first circumstance relied upon against the accused-appellant is the recovery of `danda' Ex. 5 from the scene of occurrence. PW 37 Hari Ram deposed that nearly at a distance of 600 Pawandas from the place of occurrence he recovered the `danda' Ex. 5 vide recovery memo Ex. P 9. His statement stands corroborated by the statements of PW 5 Jore Khan and PW 15 Roop Singh. Ex. P 9 reveals that the `danda' Ex. 5 was in broken condition and was smeared with blood. The report of the chemical examiner Ex. P 49 and the report of the serologist Ex P 48 reveal that this`danda'Ex. 5 was found to be stained with human blood. PW 31 Dr. Laxman Singh, who performed the autopsy on the dead body of Janu Khan has stated that the injuries Nos. 4 and 6 mentioned in the post-mortem report Ex. P 24 could be caused by `danda' Ex. 5. PW 2 Ali stated that on the night preceding the date of the occurrence accused Bhoora Nath had come to stay with the deceased. At that time he had a `danda' Ex. 5 and a bag Ex 6. The learned counsel for the accused has urged that PW 2 Ali was suffering from fever on the date when Bhoora Nath stayed in the house of Janu Khan (deceased). As Ali was under fever he must not have cared to notice the belongings of the accused, and could not have identified the `danda' Ex. 5. We find no force in this contention. Ali had a talk with Bhoora Nath as he asked him not to stay there, whereupon the accused told him that he was Jogi and was acquainted with Janu Khan (deceased) and had caught a snake a year before the date of the occurrence at the instance of Janu Khan (deceased). Thereafter the accused remained for the whole night in the same place where the witness was sleeping. Thus he had enough opportunity to observe the accused, his `danda' Ex. Thereafter the accused remained for the whole night in the same place where the witness was sleeping. Thus he had enough opportunity to observe the accused, his `danda' Ex. 5 and bag Ex. 6. 1 Besides this the `danda' Ex. 5 is of a peculiar make, wooden carvings have been done over it and there is nothing unnatural in PW 2 Ali identifying the `danda' Ex. 5 as belonging to the accused. He had enough opportunity to observe it. This witness has been cross-examined thoroughly in details. It is pertinent to note here that though a number of questions have been put to this witness in cross-examination but no question was asked regarding the identity of the `danda' Ex. 5. Then we have the statements of PW 6 Batu and PW 35 Nainya Ram who have stated that a day prior to the date of the occurrence the accused had come to them and at that time he was having a `danda' Ex. 5 and the bag Ex. 6 with him. Learned counsel for the accused had pointed out some contradictions in the statements of both these witnesses regarding the purpose for which the accused visited their fields. Some minor contradictions are bound to appear when a witness is examined after a considerable time. There is no reason why these witnesses should come out to make a false statement against the accused-appellant. Even if we discard the statements of these two witnesses the statement of PW 2 Ali itself is sufficient to hold that the `danda' Ex. 5 was in possession of accused Bhoora Nath prior to the date of the occurrence. The recovery of the blood stained `danda' Ex. 5 from the place of occurrence is an important link of the prosecution case, and we unhesitatingly hold that this circumstance stands proved against the accused-appellant and we find no infirmity in the judgment of the trial court on this point, and have no reason to reverse the finding of fact arrived at by the trial court on this point. 14. Then we have the evidence of the footprints of the accused found on the scene of occurrence going up to the bank of river from where the dead body was recovered. The moulds of these footprints were taken. A perusal of Ex. P 47 shows that the disputed foot mould Ex. 14. Then we have the evidence of the footprints of the accused found on the scene of occurrence going up to the bank of river from where the dead body was recovered. The moulds of these footprints were taken. A perusal of Ex. P 47 shows that the disputed foot mould Ex. P 38 marked as `DP tallied with the specimen of right footprint of Bhoora Nath. This evidence regarding the footprints is no doubt an important piece of evidence which can be used against the accused-appellant as a circumstance along with the other circumstances to establish the identity of the culprit on the scene of occurrence. Though by itself, it would not be enough to carry conviction in the mind of the court because the scene of identification of footprint is at the rudimentary stage. Reference may be made to Pritam Singh v. State of Punjab, AIR 1956 Supreme 415 . 15. The third circumstance which can be relied upon by the prosecution is the recovery of blood stained razor Ex. 13 at the instance of the accused, and the recovery of "angocha" Ex. 11 Razor Ex. 13 was found to be stained with human blood both by the chemical analyser and the serologist P. E. 31 Dr. Laxman Singh has stated that the injuries Nos. 5, 7, 8 mentioned in Ex. P. 24 post-mortem report of Janu Khan (deceased) could be caused by razor Ex. 13. Injury No. 8 has been described as cutting of both the lobes of the ear of the deceased. Besides this we have got the recovery of `Aangocha' Ex. 11. It was also recovered at the instance of the accused-appellant in consequence of the information given by him. The accused has failed to explain how human blood was found on both these articles and how the accused came to be in possession of `angocha' Ex. 11 belonging to the deceased Janu Khan. In the absence of cogent explanation this important evidence, when considered with the other evidence on the record, is itself sufficient to bring home the guilt to the accused-appellant. 16. Fourthly, we have got the evidence of the recovery of ear-rings Ex. 1, finger-ring Ex. 2 at the instance of the accused-appellant. PW 11 Jawer Chand with whom these articles were pledged stated that they were pledged with him on December 13, 1970 by the accused-appellant. 16. Fourthly, we have got the evidence of the recovery of ear-rings Ex. 1, finger-ring Ex. 2 at the instance of the accused-appellant. PW 11 Jawer Chand with whom these articles were pledged stated that they were pledged with him on December 13, 1970 by the accused-appellant. PW 21 Chatra Ram has proved that these articles were pledged by the accused-appellant with PW 11 Jawer Chand, The information memo and the recovery memo have been proved by the statement of the Investigating Officer PW 37 Hari Ram, PW 2 Ali, cousin brother of the deceased and PW 14 Subhan, real brother of the deceased have stated that at the time when the dead body of the deceased was brought out of water the lobes of Janu Khan (deceased) were found cut and there were no ear-rings of finger-ring on the dead body of Janu Khan (deceased). PW 23 Misra stated that Janu Khan got prepared ear-rings Ex. 1 and finger-ring Ex. 2 from him in Samwat year 2024. These ear-rings and finger-ring were identified by PW 2 Ali, PW 14 Subhan and PW 23 Misra as those of the deceased Janu Khan in the lest identification parade held by PW 26 Shri Ram Prasad Joshi, Sub-divisional Officer. Their statements further stand corroborated by the test identification memo Ex. P. 2 prepared on January 5, 1971. These witnesses identified the very same articles in the court. 17. Then we have got the recovery of the purse Ex. 7 belonging to Janu Khan (deceased) containing the receipt Ex. P 17. This purse was recovered at the instance of the accused-appellant in consequence of the information Ex. P 44 given by him. It was recovered from the place of its concealment after digging the earth. None else but the accused who had placed it, could have got it recovered from the place of its concealment. This recovery stands proved by the statement of PW 37 Hari Ram and the recovery memo Ex. P 11. It has been established by cogent and reliable evidence that the ear-rings Ex. 1 and the finger-ring Ex. 2, purse Ex. 7 and the receipt Ex. P 17 found in the purse belonged to Janu Khan (deceased) and he was in possession of these articles prior to his murder. The accused failed to give any satisfactory explanation as to how he came to be in possession of those articles. 1 and the finger-ring Ex. 2, purse Ex. 7 and the receipt Ex. P 17 found in the purse belonged to Janu Khan (deceased) and he was in possession of these articles prior to his murder. The accused failed to give any satisfactory explanation as to how he came to be in possession of those articles. In the circumstances of the case, but in the absence of any explanation, the presumption can be raised that any one who took part in the robbery also took part in the murder. In cases in which murder and robbery have been shown to form parts of one transaction, it has been held that recent and unexplained possession of the stolen property would be presumptive evidence against a prisoner on the charge of robbery and would similarly be evidence against him on the charge of murder. 18. In Emperor v. Chintamoni Shahu, AIR 1930 Calcutta 379(2) the opinion was expressed as under " the possession of the stolen goods recently after the loss of them may be indicative not merely of the offence of larceny or of receiving with guilty knowledge but of any other more aggravated crime which has been connected with the theft ; this particular fact of presumption forms also a material element of evidence in the case of murder." 19. This case was approved by their Lordships of the Supreme Court in Wasim Khan v. The State of Uttar Pradesh, AIR 1956 SC 400 . In Wasim Khan's case the accused of that case was found in possession of the goods of the deceased three days after the occurrence. He was also iound in possession of a bag, a bloodstained knife with which the injuries found on the deceased of that case could have been caused. The accused in that case failed to explain as to how he came in possession of that knife. Their Lordships of the Supreme Court on this evidence held the accused of that case guilty of the murder and robbery both. Their Lordships observed as under- "We think it was and are satisfied that it establishes the offences of murder and robbery against the appellant and not merely the minor offence of robbery or theft." 20. Their Lordships of the Supreme Court on this evidence held the accused of that case guilty of the murder and robbery both. Their Lordships observed as under- "We think it was and are satisfied that it establishes the offences of murder and robbery against the appellant and not merely the minor offence of robbery or theft." 20. The learned counsel for the accused has placed reliance on Sanwat Khan v. State of Rajasthan, AIR 1956 SC 54 , It was a case of solitary circumstance of the recovery of the articles belonging to the deceased. The accused of that case produced the articles about a fortnight after the occurrence, whereas in the case on hand the ornaments belonging to deceased Janu Khan were pledged on the sixth day of the occurrence and the case is based on other equally clinching evidence already discussed above. The statement of law made in Sanwat Khan's case was made in particular circumstances of that case. There was evidence on record that the father and the appellants planned to murder the deceased and PW 7 of that case was also approached by some one else for the purpose of murdering him. Thus there was evidence in that case that there were other persons interested in murdering the deceased and plan to that effect had been made. That case is, therefore, distinguishable from the facts and circumstances of the case on hand. 21. In Punit Ram v. The State of Madhya Pradesh, 1969 U.C. (SC) 2 69 Page 7 Grover J., speaking for the court observed as under "..........She had the habit of displaying, as it were, her ornaments which must have excited the greed of appellant who is stated to be a very poor person. The manner in which the ornaments had been concealed in the house of the appellant clearly shows that he was most anxious to put them at a place where they could not be seen by any one. The bags of dhan (paddy) which, as already stated, belonged to the deceased were also found in the inner room of the house. The key which was got recovered by the appellant had been concealed by him under a pile of firewood. The bags of dhan (paddy) which, as already stated, belonged to the deceased were also found in the inner room of the house. The key which was got recovered by the appellant had been concealed by him under a pile of firewood. All these facts were found sufficient to establish the guilt of the appellant and we have no doubt that he has been rightly convicted on this evidence which cannot be explained on any other reasonable hypothesis. Mr. Kohli has contended that the possibility of some other person having killed Mst. Khojibai cannot be excluded. It is suggested by him that the appellant may have only received the property in respect of which robbery had been committed from the real culprit and he might have concealed the same in his own house for fear of getting involved in the crime. Such a suggestion is too far fetched to be seriously entertained." 22. As regards the question of the effect and sufficiency of the circumstantial evidence for the purpose of conviction, we may observe that it is now well settled that before a conviction can be based on the circumstantial evidence it must be proved to be such as to be conclusive of the guilt of the accused and must be incapable of explanation of any hypothesis consistent with the innocence of the accused. However, it is not necessary that each of the proved facts must in itself be decisive of the complicity of the accused. It may be that a particular fact relied upon by the prosecution may not be decisive in itself yet the fact along with other facts which have been proved may tend to strengthen the conclusion of the guilt. In other words what the court has to judge is the total cumulative effect of all the proved facts. Each of which reinforces the conclusion of the guilt and if the combined effect of the proved facts is such that the total facts proved are conclusive in establishing the guilt of the accused, the conviction would be justified even though it may be that one or more of those facts by themselves are not decisive. 23. The circumstances referred to above, clearly point to the conclusion that it was the accused and none else who was responsible for the murder of Janu Khan (deceased). 23. The circumstances referred to above, clearly point to the conclusion that it was the accused and none else who was responsible for the murder of Janu Khan (deceased). The proved facts in this case are sufficient to hold that the accused Bhoora Nath, out of greed for money and ornaments of the deceased, committed the murder of Janu Khan (deceased) and all the facts discussed above are sufficient to establish his guilt and we have no doubt that he has been rightly convicted. 24. In the result, the appeal filed by the accused-appellant having no force stands dismissed. The conviction and sentence awarded to the accused-appellant Bhoora Nath by the trial court are confirmed. However, it is made clear that the accused-appellant shall be entitled to a set off or adjustment under section 428, Cr. PC, for the period of detention, if any, undergone by him during investigation, enquiry or trial of the case. *******