Judgment TIBREWAL J. ( 1 ) THIS appeal is directed against the judgment dated, 11/03/1987 passed by the Additional District and Sessions Judge, Chittorgarh, whereby the appellant was convicted under Sections 302 and 397 I. P. C. Under Section 302 I. P. C. he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 200. 00 (in default of payment of fine to undergo two years R. I.) and under Section 397 I. P. C. he was awarded ten years rigorous imprisonment and to pay a fine of Rs. 200. 00 (in default of payment of fine to further undergo one years R. I.) Both the sentences were ordered to run concurrently. ( 2 ) A written report, Ex. P. 1 was made at 8 a. m. on 22/04/1983 at Police Station, Kapasan, wherein it was stated that in the night of 21-4-83, the wife of Hira Lal was murdered on her well and the dead body was lying there. ( 3 ) AS per the prosecution case, in the night intervening 21-4-83 and 22-4-83 a satsang was going on in the temple of sanischar Ji in the village where the villagers were participating. Mangi Lal Nai, the father-in-law of the deceased Bhanwari and one Mohan Lal Lodha come there and asked the villagers if whether Smt. Bhanwari had come there. The villagers were informed that Smt. Bhanwari had not returned from the field and they were searching her. There-upon. PW-10, Shankar Lal, Sajjan Singh, Bhairu Singh and some other villagers went to the well of Mangi Lal in search of Bhanwari. There they found the dead body of her. There was strangulation on her neck and the lower part of her legs were lying amputated. An axe stained with blood was also lying near the dead body, a pair of shoes was also lying there. Magi Lal identified the shoes to be of the appellant who was working with them. The silver karis which the deceased was wearing, were found missing from her legs. A written report, Ex. P. 1 was made by the villagers including PW-1, Shankar Lal at Police Station, Kapason. On this report, Crime No. 65/83 was registered under Section 302 I. P. C. Thereafter, inquest report, Ex. P. 3, was also prepared in the presence of Pinches. A pair of shoes was seized vide Ex. P. 4.
A written report, Ex. P. 1 was made by the villagers including PW-1, Shankar Lal at Police Station, Kapason. On this report, Crime No. 65/83 was registered under Section 302 I. P. C. Thereafter, inquest report, Ex. P. 3, was also prepared in the presence of Pinches. A pair of shoes was seized vide Ex. P. 4. One lugri having blood stains and blood stained earth were seized from the place of occurrence vide seizure memo Ex. P. 4. Site inspection note and site plan were also prepared Ex. P. 7 is the site plan and Ex. P. 7a is site inspection note. At 2. 30 or 3 p. m. on 22-4-83 the appellant was arrested by G. R. P. Constables Madan Singh and Alauddin while he was roaming in suspicious condition at Railway Station, Chittor. He had silver karis wrapped in a handkerchief which was tied on his stomach. It was having blood stains. His bush-shirt was also having blood stains. The accused, thereafter, was produced before the Head Constable, Satya Narain at Police chowki Chittorgarh and two silver Karis were recovered from his body which he had concealed in his banyan towards back side. The silver karis and the Kerchief were seized under Section 102 Cr. P. C. The bush-shirt which the appellant was wearing at that time, was also having blood stains. All these articles were seized vide seizure memo Ex. P. 13. The appellant was also arrested vide arrest memo Ex. P. 16. ( 4 ) THE silver karis were identified by the witnesses to belong to the deceased Bhanwari in an identification parade conducted by PW-6, Manohar Singh Naruka the then Magistrate, Kapasan. During investigation it transpired that the appellant was engaged as hali by the father-in-law of the deceased and he committed her murder for the sake of silver Karis. The post-mortem of the dead body was conducted on 22-4-93 vide post-mortem report, Ex. P. 17. According to the post-mortem report, she had died on account of strangulation and both the lower parts of the legs were found amputated. Other injuries on her face and skull were also found as per the report. The silver Karis, bush-shirts, axe, lugri and blood stained earth, shoes and Kerchief were sent for examination to the Forensic Science Laboratory and human blood was detected on them.
Other injuries on her face and skull were also found as per the report. The silver Karis, bush-shirts, axe, lugri and blood stained earth, shoes and Kerchief were sent for examination to the Forensic Science Laboratory and human blood was detected on them. Further, the articles lugri axe, bush-shirt, silver Karis and Kerchief contained A-B group blood. After completion of the investigation, a charge-sheet was filed against the appellant and he was prosecuted in the Court of Additional Sessions Judge, Chittorgarh, where charges under Sections 302, 394 and 397 I. P. C. were framed against him. During trial, the prosecution examined 17 witnesses which have been detailed out in the judgment of the trial Court. The appellant, in his statement under Section 313 Cr. P. C. denied his involvement in the incident and he further pleaded that he had committed theft of the silver karis of a lady in village Sanwaria while she was taking bath. The learned trial Court, after completion of the trial, convicted and sentenced the appellant as aforesaid. ( 5 ) SHRI B. S. Rathore, appearing as amicus curiae contended that the circumstances pleaded against the appellant were neither proved by cogent and reliable evidence nor they are conclusive to prove the guilt of the accused. On the other hand, learned Public prosecutor supported the judgment of the trial Court. ( 6 ) AT the out-set, we may state that there is no direct evidence to connect the appellant with the crime and the entire case rests on circumstantial evidence. We are aware of the fact that the law is now well settled that before an accused is convicted for an offence on circumstantial evidence, each circumstance should be proved by reliable and cogent evidence and the circumstances so proved must lead to the inference that the accused committed the offence. In other words, the circumstances proved against an accused should complete the chain to lead the only inference of guilt of the accused and they should be of conclusive nature. ( 7 ) IN the back ground of the above legal position we have meticulously examined the circumstances relied on by the prosecution for seeking conviction of the appellant.
In other words, the circumstances proved against an accused should complete the chain to lead the only inference of guilt of the accused and they should be of conclusive nature. ( 7 ) IN the back ground of the above legal position we have meticulously examined the circumstances relied on by the prosecution for seeking conviction of the appellant. The following circumstances have been relied on by the prosecution and the same have been held to be proved by the trial Court for the conviction of the appellant :-I) The appellant was engaged as hali by the father-in-law of the deceased and thus, prior to the occurrence, he was in the company of the deceased Smt. Bhanwari. ii) Recovery of two silver karis immediately after the occurrence from the possession of the appellant which the deceased was wearing before the occurrence. iii) Recovery of blood stained bush-shirt from the person of the appellant. iv) Recovery of a pair of shoes from the place of occurrence near the dead body which belonged to the appellant. v) Recovery of an axe, lugri from the place of occurrence which were stained with human blood. vi) The articles, namely, the bush-shirt, Kerchief, Lugri and axe were found stained with human blood of A-B group. CIRCUMSTANCE No. (1) : to prove circumstance No. (i) statements of PW-5, Hira Lal. PW-3 Magi Lal and PW-7 Jeeva have been recorded. Hira Lal is the husband of the deceased while Magi Lal is her father-in-law. Both of them have stated that the appellant was engaged to work as hali only 15-16 days prior to the occurrence. Magi Lal has further stated that he had left the appellant and Smt. Bhanwari in the field when he returned from field in the evening of the incident. The accused was got identified by the witnesses in the identification parade and he was properly identified by them. After going through the statements of these witnesses, we find that the trial Court rightly held this circumstance to be proved against the appellant. We have no hesitation in holding that the appellant was engaged to work as hali by father-in-law of the deceased and he was last seen in the company of the deceased in her field. Circumstance No. (ii) : pw-17 Ramesh has stated that the appellant was arrested at Railway Station, Chittor while he was roaming in suspicious condition.
We have no hesitation in holding that the appellant was engaged to work as hali by father-in-law of the deceased and he was last seen in the company of the deceased in her field. Circumstance No. (ii) : pw-17 Ramesh has stated that the appellant was arrested at Railway Station, Chittor while he was roaming in suspicious condition. The bush-shirt which he was wearing, was having blood stains. On his search two silver karis were recovered which also had blood stains. PW-10 Satya Narain, Head Constable, who had arrested the appellant, has also proved the above facts. The statements of the above witnesses were minutely examined by us and we find no circumstance to disbelieve the same. In our view, the learned trial Court committed no error in Placing reliance on their testimony. PW-2 Smt. Mohan is mother-in-law and PW-5 Hira Lal is husband of the deceased, while PW-3 Magi Lal is her father-in-law. PW-12 Prabhu Lal is the person who had manufactured the silver karis. They have been examined to prove that silver karis recovered from the possession of the appellant belonged to the deceased Bhanwari and she was wearing the same immediately prior to the occurrence. The identification parade of the karis was conducted by PW-6, Manohar Singh Naruka who was posted as Magistrate, Kapasan. It is true that PW-2, Smt. Mohan failed to identify the Karis in Court, but the same have been identified by PW-3, Magi Lal, PW-5 Hira Lal and PW-12 Prabhu Lal. PW-1, Shankar Lal has also stated that Smt. Bhanwari Bai was wearing silver karis immediately prior to the occurrence and her two legs at lower parts were found amputated and the silver Karis were missing. In cross-examination of these witnesses nothing has come to disbelieve or discard their testimony. The learned trial Court, in our view, rightly held this circumstance proved against the appellant. Circumstances Nos. (iii), (v) and (vi) :-pw-17 Ramesh and PW-10 Satya Narain, Head Constable, have proved the seizure of Bush-shirt from the body of the appellant. They have also proved the recovery of two karis from his person. PW-1 Shankar, PW-3 Magi Lal, PW-4 Jaichand, PW-5 Hira Lal and PW-6 Bhanwar Lal have proved the recovery of an axe and a lugri from the place of occurrence near the dead body, and they had blood stains.
They have also proved the recovery of two karis from his person. PW-1 Shankar, PW-3 Magi Lal, PW-4 Jaichand, PW-5 Hira Lal and PW-6 Bhanwar Lal have proved the recovery of an axe and a lugri from the place of occurrence near the dead body, and they had blood stains. The blond stained earth was also seized from the place of occurrence by the Investigating Officer. All these articles were sealed and were sent in a sealed cover for examination at Police Forensic Science Laboratory. On all these articles human blood of A-B group has been detected vide FSL report Ex. P. 19a. The learned trial Court has made an elaborate discussion of the entire evidence in this connection and after going through the statements of the witnesses we are satisfied that these circumstances were rightly accepted to be proved by the trial Court. There is also connecting evidence to prove that these articles were kept in a sealed condition and they were taken to FSL in a sealed condition where the seals were found in-tact. Circumstance No. (iv) : pw-3 Magi Lal has identified the pair of shoes, which was recovered near the dead body, to be of the appellant. He has stated that the shoes belonged to him and the same were given to the appellant who was working as his hali. The above circumstance, in our view, is also proved by reliable and cogent evidence. Thus, after a careful scrutiny of the evidence we hold that the above circumstances are proved by cogent and reliable evidence. From these circumstances it is proved that the appellant was engaged as a hali by the father-in-law of the deceased and that immediately before the incident he was last seen in the field in company of the deceased, where he was working and the deceased was also there. Immediately after the incident, the appellant was not available and he was caught at Railway Station, Chittor in suspicious condition when he was roaming there. He was found possessing silver karis which had blood stains. Similarly, the bush-shirt, which was worn by him, was also blood stained. It is also proved that the deceased Bhanwari was lying dead at her well. She had injuries on her body and lower parts of her legs were found amputated and silver karis were missing.
He was found possessing silver karis which had blood stains. Similarly, the bush-shirt, which was worn by him, was also blood stained. It is also proved that the deceased Bhanwari was lying dead at her well. She had injuries on her body and lower parts of her legs were found amputated and silver karis were missing. A lugra, an axe and a pair of shoes were also found near the dead body. The lugra, axe, bush-shirt, silver Karis were found stained with human blood of A-B group. All these circumstances, in our view, made a complete chain to prove the guilt of the accused that he murdered and cut legs of the deceased in order to take away silver karis which she was wearing. The silver karis were recovered from his possession immediately after the occurrence. He was rightly convicted and sentenced by the trial Court for the offences punishable under Sections 302 and 397 I. P. C. The net result of the above discussion is that this appeal is without merit and is hereby dismissed. Appeal dismissed.