Judgment P. P. NAOLEKAR, J. ( 1 ) THIS appeal is directed against the conviction and sentence of the accused-appellant under Section 302, I. P. C. for life and under Section 201, I. P. C. for two years rigorous imprisonment and a fine of Rs. 51/-, in default of payment of fine to undergo fifteen days rigorous imprisonment, for causing death of his wife Smt. Rishal Kanwar. ( 2 ) PROSECUTION case in short is that Dule Singh P. W. 14, brother of the accused lodged an F. I. R. at Police Station Sujangarh, that his younger brother the appellant aged about 22 years was married to Rishal Kanwar, about two years back and they were living separately in village Sandan. In the morning, Ramchandra Brahmin informed him that he was told by Durjan Singh that he has given beating to Rishal Kanwar and thrown her in Dungari Wala well. On this information, he along with Ram Chandra and other persons of the village went to Dungari Wala well and saw Rishal Kanwar lying inside the well. On a closer look in battery light, they saw the dead body of her and, the therefore, the matter is being reported to the police. On this information, the investigation agency came into action. The accused was arrested on 23-5-1977 and a shirt, underwear (kachchha) and sandals were seized from his person. The dead body of Smt. Rishal Kanwar was taken out of the well, which was 60 feet to 70 feet deep and dry and the clothes kanchali, odhana, etc. were seized. Along with the dead body, one sword was also recovered. ( 3 ) THE dead body was sent for autopsy. P. W. 21 Dr. K. D. Duggar conducted post-mortem. The post-mortem report is Ex. P/7. The following injuries were found on the dead body :- ( 4 ) MOULDS of the sandals were lifted from the alleged place of incident. The accused was asked to walk with those sandals before the Tehsildar and moulds were lifted. The moulds taken from the place of the incident and before the Tehsildar along with the original sandals, were sent for examination to P. W. 34 Ajeet Krishna. The articles seized from the accused person at the time of the arrest shirt, underwear were sent for chemical examination. The reports of Chemical examination and of the Serologists are Ex. P/42 and Ex. P/43 respectively. The articles seized from the accused person at the time of the arrest shirt, underwear were sent for chemical examination. The reports of Chemical examination and of the Serologists are Ex. P/42 and Ex. P/43 respectively. On article kachchha (underwear) blood was detected and was forwarded to the Serologist for Serological examination. On serological examination, the kachchha was found stained with human blood and its blood group was found to be B group. Odhana of the deceased was seized from the dead body and was sent for chemical examination. On chemical examination, blood was detected over it. The serological exam. found human blood being B group on the odhana. ( 5 ) AS per prosecution, in the intervening night between 20th and 21st May, 1977, the accused along with his wife went to sleep in the house. Thereafter in the morning, the dead body of the wife was recovered from the dry Dungari Wala well. The accused gave beating to his wife at Hari Rams field which is adjacent to the house where they lived and thereafter threw the body of the deceased in the well. The prosecution has examined P. W. 3 Maloo Ram, P. W. 5 Sukha Ram, P. W. 6 Ram Chandra, P. W. 3 Maloo Ram, P. W. 5 Sukha Ram, P. W. 6 Ram Chandra, P. W. 7 Dulha Ram and P. W. 8 Hira Ram, the witnesses to prove the extra-judicial confession. All the witnesses turned hostile and thus, there is no evidence of extra-judicial confession. ( 6 ) THE learned Sessions Judge has convicted the accused on the circumstantial evidence that the accused person was last seen together with the deceased, human blood of the same blood group to that of the deceased was found on the kachcha of the accused. The mould found at the place of the incident in the field of Hari Ram, matched with the sandals, which were recovered from the accused at the time of his arrest. The mould found at the place of the incident in the field of Hari Ram, matched with the sandals, which were recovered from the accused at the time of his arrest. ( 7 ) IT is now well settled while considering the circumstantial evidence and the finding, the Court must be satisfied that the incriminating circumstances have been fully established on the record by credible evidence and the proved circumstances are of such a conclusion consistent with the accused persons innocence (guilt ?) The cumulative effect of the circumstances must be such as to negative the innocence of the accused and to bring the offence home to him beyond any reasonable doubt. Thus, it is the cumulative effect of whole circumstance, which has to be taken into consideration before a person can be found guilty for an offence he is charged with. The circumstances must point towards the accused excluding all possibilities of innocence. ( 8 ) P. W. 1 Ram Kanwar, mother of the accused, deposed that Rishal Kanwar came from her parents house to their house and she and her son Durjan Singh went for sleep on the terrace of their house. In the morning, her son alone came down crying and told her that he does not know where Rishal Kanwar had gone in the night. P. W. 2 Sajjan Kanwar, the accuseds sister-in-law has stated that about 4-5 months back, the accused along with his wife went to sleep on the terrace. When Rishal Kanwar left the house, they do not know. In the morning, the accused alone came down from the terrace. P. W. 14 Dule Singh, brother of the accused has stated that on 20-5-1977, he saw Rishal Kanwar alive at the place of the accused Durjan Singh. On 20-5-1977, husband and wife went for a sleep on the terrace of their house. In the morning, he has not seen Rishal Kanwar alive. Thus, these are the witnesses which are close relations of the accused, who have admitted that in the intervening night, the husband and wife went to sleep together on the terrace of the house and thereafter the accused only came down in the morning and they have not seen Rishal Kanwar with him. ( 9 ) THE blood stained soil was seized from the field of Hari Ram and the mould of the sandal print was taken from Hari Rams field. ( 9 ) THE blood stained soil was seized from the field of Hari Ram and the mould of the sandal print was taken from Hari Rams field. Seizure of Ex. P/12 and Ex. P. 13 were proved by P. W. 11 Moti Ram and Investigating Officer. The shoe (sandal type) impression taken from the field and the mould marked AA of the sandals taken before the Tehsildar were sent for examination to P. W. 24 Ajeet Krishna, who has deposed that on shoe impression mould marked A lifted from crime scene on 22-5-1977 (marked Article Ex. 7) and specimen mould marked B (marked Article Ex. 8) and pair of sandals marked C-1 and C-2 (marked Article Ex. 9 and Article Ex. 10 respectively) in the Court, which are received by him in his office for examination and comparison and on examination, in his opinion, this Article 7 is a mould of the impression left by Article Ex. 10. He has given his report which was marked as Ex. P. 40. Thus, the prosecution has been able to prove that the sandal seized from the person of the accused at the time of his arrest, were used by the accused at the place of the incident i. e. the field of Hari Ram at some point of time, he was in the field. ( 10 ) THE underwear which was seized from the accused at the time of the arrest, seizure of the underwear was admitted by the accused in the statement under Section 313 Cr. P. C. , was sent for chemical examination and serological examination. It contained human blood of B group. The odhani which was seized from the dead body of the deceased, also contained blood having B group. Thus, it has been established by the prosecution that the underwear seized from the accused was stained with blood of the deceased. ( 11 ) THE prosecution has further examined P. W. 17 Ishwar Singh brother of the deceased to prove strain relations between the husband and wife. P. W. 17 Ishwar Singh has deposed that Rishal Kanwar was married to Durjan Singh and was killed. The accused used to ill-treat and give beating to her, which was informed to him by his sister previously. 4-5 days before the death of her sister, he went to meet her. P. W. 17 Ishwar Singh has deposed that Rishal Kanwar was married to Durjan Singh and was killed. The accused used to ill-treat and give beating to her, which was informed to him by his sister previously. 4-5 days before the death of her sister, he went to meet her. At that time, she had informed him that her mother-in-law and her husband are after her and are conspiring to kill her. He consoled her and said that he will come after a day or two and will take her to his village. After about 8-9 days when he had proceeded to bring his sister, he stopped at village Nyama, where his second sister informed him that Rishal Kanwar was killed by her husband and her dead body was thrown in the well. Hearing this, he returned back to his village and informed his mother about the incident. ( 12 ) THE statement of Ishwar Singh P. W. 17 is criticised by the counsel for the appellant on the ground that why it is when there was an eminent danger to her life, she was not taken by him immediately and the alleged inaction on his part indicates falsity of the statement. It shows that he never met her nor she had informed him that there was any conspiracy to kill her. The society in which we live, deserted woman is always looked down by the society. A deserted woman has to face enormous problems. She is usually subjected to mental harassment, financial constraints and sexual advances, particularly when the woman is young, intensity is more. It is not only the deserted lady but her family members are also required to face various problems. They have to look after her financially and provide her social security. Faced with these difficulties, nobody is expected to take immediate decision to take the lady from her husbands place. One has to consider all pros and cons, decide whether the threat alleged was real or was a momentary emotional outburst over a non-significant triffling matter, which one usually witnesses between husband and wife. If the deceaseds brother did not immediately react and acted on the complaint being made by the deceased, there is nothing unusual. As a reasonable prudent man, if he has taken sometime before he went to fetch her, his action cannot be said to be improbable. If the deceaseds brother did not immediately react and acted on the complaint being made by the deceased, there is nothing unusual. As a reasonable prudent man, if he has taken sometime before he went to fetch her, his action cannot be said to be improbable. The witness cannot be disbelieved only on the ground that he has not taken immediate steps to take away his sister from her husbands house when she expressed the apprehension that there is conspiracy of killing her.The witness came back and thereafter went to take her after some days. His conduct is that of a normal human being and we do not find any ground to disbelieve this witness or his statement that his sister had informed him that there is a threat to her life from her husband. ( 13 ) DR. K. D. Duggar has deposed that all the injuries mentioned in the post-mortem report are homicidal. The injuries are possible if anybody is first beaten and then thrown in a dry well. Some of the injuries are as a result of beating and some due to fall in a well. The well in which the dead body was found was dry and more than 70 feet deep as per Ex. P/16. Throwing of body of a person in a dry well which is more than 70 feet deep, it can safely be presumed that the act was committed with full knowledge that it is so imminently dangerous that it must in all probability cause death of a person thrown in the well, therefore, argument of the learned counsel for the appellant that the prosecution has failed to prove the cause of death, is without any substance. ( 14 ) ON overall consideration of the entire material, it appears to us that the husband and wife i. e. Rishal Kanwar along with her husband the accused appellant went to sleep on the terrace of their house in the intervening night of 20th and 21st May, 1977, and thereafter she was not found alive. ( 14 ) ON overall consideration of the entire material, it appears to us that the husband and wife i. e. Rishal Kanwar along with her husband the accused appellant went to sleep on the terrace of their house in the intervening night of 20th and 21st May, 1977, and thereafter she was not found alive. The moulds of the sandals were lifted from Hari Rams field on 22-5-1977 which match with the prints of the sandals worn by the accused at the time of his arrest, which indicates his presence at Hari Rams field and there sometime in between 20th and 21st beating was given to the deceased and thereafter the body of the deceased was thrown in the well was recovered. The underwear seized from the accused is smeared with blood which matches with the blood group of the deceased, which has not been explained by the defence. The blood stains connect the accused with the commission of the crime. There is further evidence of P. W. 17 Ishwar Singh, who has stated that her sister was apprehending conspiracy to kill her. The cumulative effect of all the circumstances is that it was the accused-appellant, who has killed Rishal Kanwar. There is no manner of doubt that the offence of murder was committed by the appellant. The circumstances proved by the prosecution negatives innocence of the accused appellant and brings home the offence he was charged and tried beyond any reasonable doubt. ( 15 ) IN the result, the appeal fails and is dismissed. The conviction of the appellant is maintained. The accused is on bail. His bail bonds are cancelled. He shall be taken into custody immediately for serving out the sentence of life. The appellant shall be entitled to remission of the sentence already undergone by him. Appeal dismissed.